Report of Various Size – Fieldwork research

(FRANET)

Rights of crime victims to have access to justice – a comparative analysis

Country Report France 2017

Institut Français des Droits et Libertés (IFDL) Authors: Marc Touillier Reviewer: Veronique Champeil-Desplats

DISCLAIMER: This document was commissioned under contract as background

material for a comparative analysis by the European Union Agency for Fundamental

Rights (FRA) for the report ‘Rights of crime victims to have access to justice’. The

information and views contained in the document do not necessarily reflect the views

or the official position of FRA. The document is made publicly available for

transparency and information purposes only and does not constitute legal advice or

legal opinion.

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Executive summary

This report on the rights of crime victims to have access to justice was produced in the first half of 2017, following social fieldwork research carried out by several interviewers during the first months of the year. Each set of themes appearing in this report was completed in accordance with the questionnaires received. The report highlights certain shortcomings in the treatment of victims by the judicial and law enforcement authorities, and these shortcomings are recognised by all of the legal professionals and victims interviewed. An illustration of this is the insufficient level of information provided to victims on their rights and their role in criminal proceedings. Moreover, this report attests to the existence of certain differences in opinion or interpretation of the current state of the law concerning the role of victims and their rights, depending on the position and role of the people questioned. Whereas for some of these, in particular magistrates, lawyers, or members of the police, the state of the law in connection with victims' rights is satisfactory, for others, such as victims and members of associations, progress must be made in this area, and in particular, although the law may appear to be satisfactory, its implementation is sometimes imperfect.

Looking a little more at the details, here are some broad outlines of the principal lessons which may be drawn from this report on access to justice for victims of crime.

In connection with the perception of the victim in criminal proceedings, professionals regard them as a part of the criminal proceedings, taking their own legal action for civil interests. Members of the police may consider the victim as a witness, as part of the investigation, and more precisely as the starting point of this investigation: the victim is part of the evidence (their body may carry traces of violence; only victims can report a criminal offence committed within the privacy of the couple). In view of this it is possible to consider that the victim incarnates a violation of criminal law. On their side, victims may not be satisfied with their role in criminal proceedings; certain victims may feel that they were dispossessed of their case, that the criminal proceedings go ahead without them, that they were not sufficiently listened to.

The reporting of offences by victims to the police depends on several factors: the attitude of the victim, the personality of the victim, the type of offence suffered, the attitude of the police who see the victim, the perception that the victim has of the police reaction, and possibly a negative experience in the past. Professionals subscribe to certain proposals which facilitate victims' actions in order to lodge a complaint: making victim support associations more accessible so that they support the victim with such a step and inform them as well as possible of their rights, and improving training of police officers who handle victims to raise their awareness of the suffering caused by certain offences. Better reception of the victim would avoid certain annoyances advanced by the victims questioned, for example, having to go to the police station several times in order to lodge a complaint.

The large majority of the people surveyed have a favourable opinion of victim support organisations. They are an essential link between the victim and justice. Victims and professionals affirmed that without victim support associations and without a lawyer, the victim quickly gets lost in the criminal proceedings, by not knowing the role which they should have or how the procedure happens. Nevertheless, the lack of resources in the association sector was underlined. More particularly, for violence against women specific resources are necessary, for example, in order to have places to shelter a woman whose violent husband remains in the home. Additionally, information on the existence of victim support services is considered by victims to be inadequate. Although formal information is systematically provided, victims may not understand what it is about and not think of contacting an association.

The victim in criminal proceedings: the public prosecutor may exercise discretionary power over prosecutions, and the police do not investigate all the allegations which are reported to them, mainly due to a question of resources; they have room for manoeuvre and may thus disregard certain offences or direct the victim to lodging an incident report instead of a complaint. Nevertheless, for domestic violence, investigators and the public prosecutor show vigilance, as these offences are regarded as a priority. If the police refuse to investigate, or the public prosecutor refuses to prosecute, the victim can circumvent this position by standing as civil party. It also arises from the report

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that at the end of the proceedings victims may be disappointed with the role which was attributed to them and with the decision returned by the judges.

The participation of the victim in criminal proceedings seems tenuous. There is no predetermined pattern of meetings, the victim can ask for a legal act of procedure but it is the investigator (judge or police officer) who decides to carry this out or not, at the trial the witness speaks through the lawyer and/or upon authorisation from the President of the Court. The majority of the victims met for this report considered that their participation in criminal proceedings was unsatisfactory.

Police and judicial institutions are expected to assess secondary victimisation. However, due to a lack of time and resources, the police only rarely proceed with this. There exist certain measures to avoid secondary victimisation, but these arise from common sense, not a legal framework. These measures may consist of not calling in the victim and the attacker at the same time, seeing the victim in a secure place, preparing and reassuring the victim if a procedural act involving a police meeting with victim and the attacker is necessary, trying to limit the number of times the victim is seen, and trying to have victims seen by a person of the same sex if the victim requests this. Victims underlined that these measures may be insufficient; in particular, the trial can be painful for a victim who sees their attacker again, as this is the time of the adversarial hearing where all those concerned are brought together.

Protection against repeated victimisation is not provided for in law. Therefore, the police rarely proceed with this. Consequently, the victim benefits from no, or few, protection measures. There are more such measures for domestic violence. The police can take emergency measures (for example enabling the victim to spend a few nights in a hotel), but for the adoption of longer term measures, the courts must intervene: a protection order from the judge for family affairs, or orders banning suspected attackers from approaching victims. The majority of victims see these protection measures as insufficient (when they are implemented), and even underline the lack of consideration which the police may sometimes show towards victims.

Civil claims which follow from an offence are generally also dealt with by the criminal court judge to whom the offence was known. The victim receives information on their right to compensation. Howver, without the presence of a lawyer or a victim support association it is difficult for the victim to proceed with the steps necessary to take advantage of this right.

The situation of the victim within the criminal justice system is seen as secondary by legal professionals. Criminal proceedings are firstly related to the criminal charges and the defence. The victim has a role, an important role, but they cannot take the place of the criminal charges. In recent years there has been much progress made in favour of the rights of victims. However, there remains room for improvement. In this sense, certain victims stated that their legal action had added to their suffering; also, certain victims said that during the investigation and/or the hearing their concerns and rights had not been sufficiently taken into account by the police.

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Introduction 1

The production of this report on the rights of crime victims to have access to justice required significant fieldwork research which was carried out between January and July 2017. Due to the consequent number of interviews to be conducted, these were divided into two groups between the researchers. The first group includes the following professionals: four lawyers, five police officers and seven judges and prosecutors. The second group includes five members of victim support associations and twelve victims. This division of the interviews seemed to us the most judicious since it was through a member of a victim support association that it appeared easiest to access victims.

Two main types of difficulty were encountered within the framework of this study. On the one hand, and this constituted the principal difficulty, obtaining certain interviews was not always easy. In particular, it was difficult to find victims who agreed to speak to a researcher. The study relates to serious offences for which it is easy to understand a certain reluctance from victims. Thus, it was difficult to find victims who agreed to answer our questions, even by going through associations which do, in principle, constitute a reassuring framework for victims. As a corollary, certain victims who had accepted in principle to be interviewed and had made an appointment, subsequently chose not to attend. Moreover, during the interviews with victims, it was necessary to take care and show sensitivity since, understandably, such an experience can be difficult for a victim. Certain victims could not be interviewed as they were not able to travel or did not have the time to meet us, they accepted only to talk by telephone, but this option was limited by the study guidelines. Certain victims refused the recording of the interview.

In addition, another difficulty in obtaining interviews, which varied according to the interviewee, was due to a fear of the questionnaire. It is understandable that it is not easy for victims to be questioned on their feelings with regards to the contact and exchanges which they may have had with legal and police institutions. Nevertheless, even certain legal professionals had reservations, wondering whether they could answer all the questions and fearing a form of questioning of their competence and legal knowledge.

In total thirty-three people were interviewed, and the profiles of these respondents who have enabled the production of this report are as follows:

Five police officers were interviewed - two women and three men. Some of these work in the Paris area, others in rural areas.

Four lawyers were interviewed - one woman and three men. Some of these work in Paris, others in the provinces.

Seven judges were seen - Four women and three men. Among these judges, some belong to the public prosecutor's offices, and others are sitting judges. Some work in the Paris area in large jurisdictions, others in the provinces in smaller jurisdictions.

Five professionals from the association sector were interviewed - Four women and one man. The people questioned work in Paris and in the Provinces.

Twelve victims were seen. These people were victims of offences both in Paris and in the provinces. Among these victims, there were two men (FR/V/5, FR/V/10) and ten women. Among these victims, there were five victims of domestic offences (FR/V/1, FR/V/4, FR/V/6, FR/V/7, FR/V/9) and seven victims of an offence of a different nature (FR/V/2, FR/V/3, FR/V/5, FR/V/8, FR/V/10, FR/V/11). The victims suffered the following offences:

Domestic violence (FR/V/1, FR/V/4, FR/V/6, FR/V/7, FR/V/9)

Non-domestic violence (FR/V/5)

Non-domestic rape (FR/V/2, FR/V/3, FR/V/8)

1 Regarding the contents of the introduction please refer to the explanation in paragraph [42] above.

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Non-domestic attempted murder (FR/V/10)

Affected by an act of terrorism (FR/V/11, FR/V/12).

1. Perceptions of the victim’s role in the criminal justice system

1.1. Views of practitioners

1.1.1. How do practitioners of various professional groups view the primary role of victims in

criminal proceedings and its significance (please refer to Question Pr 1.1)?

S P J L

As a witness testifying and thus providing evidence;

As a damaged party seeking restitution; 2 (FR/S/2, FR/S/5)

4 (FR/P/1, FR/P/3, FR/P/4, FR/P/5)

2 (FR/J/6, FR/J/7)

As a party to the criminal proceedings entitled to have a say in the proceedings;

3 (FR/S/1, FR/S/3, FR/S/4)

1 (FR/P/2) 5 (FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5)

4 (FR/L/1, FR/L/2, FR/L/3, FR/L/4)

Other, please specify below!

Don’t know

TOTAL 5 5 7 4

As well as completing the above table, please provide an analysis and your own interpretation of

the results:

Initially, it is important to stress that some of the interviewees (in particular magistrates and

lawyers) stated that it was not possible to make a choice between the suggested roles of the

victim. They have several roles. Only the first choice is indicated in the table, in order to allow for

comparisons; the second choices will be taken into account below to clarify the position of

professionals.

Several points can be highlighted from this this table.

Given that this report is based on small-scale qualitative research, which is reflected in the small number of interviews for certain categories of respondents, the reader should bear in mind that the findings reported here are only representative of those persons who were interviewed.

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Firstly, police officers (P) largely see the victim as someone who asks for compensation for

the suffering undergone (the same applies to certain magistrates, for example FR/J/6). Indeed,

it arises from the exchanges with the police, but also with certain legal professionals, that the victim

is the starting point in the investigation, but that beyond their initial statement, they are not

otherwise useful for the investigation. According to police, the role of the victim within the

framework of the investigation, but also more broadly within the framework of the criminal

proceedings, is secondary and is limited to a claim for compensation.

It should be noted that one member of the police (FR/P/4) stressed that a victim taking the step to

lodge a complaint may also be seen as a request for help and assistance in an urgent situation, in

particular in the event of domestic violence. “Certain victims are there because they are looking

for assistance, they need help, they do not want compensation, they want to be immediately

protected and looked after” (FR/P/4).

Magistrates (J) mainly see the victim as a party in the proceedings. On the one hand,

magistrates do not agree to confine the victim to only one role: they are a party in the legal

proceedings, but also an important witness as well as someone who asks for compensation.

Magistrates are the professionals who provided the most second choices.

“The victim has the three roles [witness, civil party, party having the right to be heard]” (FR/J/5).

“The victim fulfils several roles; these roles change over time according to the progression of the

proceedings. So, at the beginning, the person is a plaintiff and then they adopt the role of victim”

(FR/J/1).

"In France, the victim is part of the criminal proceedings. Now, there are also cases where the

victim is seen as a simple witness because they did not stand as civil party” (FR/J/4).

In addition, in considering the victim as a party in the legal proceedings, magistrates highlight the

need to maintain a balance throughout the legal process between the interests of the victim and

those of the accused. More especially as perhaps at the end of the procedure the victim will not

be recognized as such, one thus should not sacrifice the interests of the accused beforehand. Only

the decision of the ruling court will effectively recognise a victim as being a victim (see FR/J/1 in

particular).

“During the procedure, there is a balance to find between the fact that this person has been the

victim of an offence: it is necessary to afford them all the attention required, all the support they

deserve. But, in addition, this victim may be a malevolent person, or someone who lies or who

does not measure the consequences what they say […]. It is therefore necessary to maintain a

balance between the interests of the victim and the rights of the defence” (FR/J/1).

As with magistrates, lawyers (L) mainly see the victim as a party in the proceedings. Lawyers

state that successive legislative changes have led to victims playing an increasingly important role

in criminal proceedings. As such, the victim can initiate the public action, they are a principal

witness (témoin privilégié), they can request legal procedures, and claim their rights (see in

particular FR/L/1, FR/L/3).

A very small majority of members of victim support organisations (S) consider the victim as

a party in the proceedings, since the legal procedure is initiated by the complaint and the victim's

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statement (FR/S/1, FR/S/3). Other members of support associations prefer to see the victim as

someone who requests compensation (FR/S/2, FR/S/5). Nevertheless, opinions are not so

divided since those members of associations who see the victim as a party underline that this

status of party in proceedings gives them the right to compensation (FR/S/1, FR/S/3); in effect, the

victim has the right to obtain reparation for the harm suffered, but in order to obtain such reparation,

the victim must stand as civil party.

1.1.2. How significant do practitioners assess the role of victims in criminal proceedings, apart from

victims testifying as witnesses? (Question Pr 1.2)?

Police representatives (P) highlight the fact that the victim, through their statement, makes it

possible to at least partly establish evidence of the offence and serves as a starting point for

the police investigation (FR/P/2, FR/P/4, FR/P/5). Beyond this, the victims themselves

constitute part of the evidence. Indeed, it is possible to find evidence of offences on victims,

such as injuries caused by violence. (FR/P/1).

Beyond the victim's testimony, magistrates (J) regard the victim as the initiator of the

procedure (FR/J/1). The victim's statement, for certain offences, is a determining factor

because if the offences were committed in private, only the victim can report them (FR/J/2);

in general, the victim sheds light on the events which occurred (FR/J/7).

Although the justice system is perfectly able to convict the perpetrator of an offence without

the intervention of the victim, the victim provides legitimate grounds for initiating legal

proceedings and for sentencing (FR/J/6). "Even the actual presence of the victim…in these

cases [of domestic violence] situates the judicial action”. (FR/J/6).

The victim is also important at the time of the hearings. Seeing victims at the hearing allows

them to be recognized as a victim; this also allows the perpetrator of the offence to realise the

seriousness their actions and, possibly, to explain themselves and apologise (FR/J/3, FR/J/4).

For example: “What is interesting it is that the victim can be seen and what they say can be

taken into the court” (FR/J/4); “It is important that the victim is present at the trial so that the

perpetrator realises the suffering which they have endured following the offence” (FR/J/3).

Moreover, this allows the judge to understand the context in which the offence occurred and

to assess the suffering of the victim and thus the seriousness of the offence; the victim's

contribution constitutes, therefore, an element to be taken into account in the determination

of the sentence (FR/J/5, FR/J/6).

“The role of the victim is important to explain the context. For domestic violence in particular,

it is through the victim that the context is best clarified: family, social context… It is even the

actual presence of the victim which is important in these cases; their actual presence situates

the judicial action […], the legitimacy of the prosecution” (FR/J/6).

Lawyers (L) advance that beyond giving testimony, the victim embodies a violation of

criminal law (FR/L/1). They make it possible for the legal authorities to get an idea of the

impact of an offence on a human being, and more particularly to better understand the

suffering that the victim may undergo; the participation of the victim in the investigation and

the legal procedure sheds light on the level of suffering, and this may be physical or simply

psychological (FR/L/2).

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The representatives of associations (S) say that the victim, beyond giving testimony, must

be seen both as a person having suffered injury, and as a person who may need protection

(FR/S/1). The role of the victim is important because it makes it possible to better understand

the offence (FR/S/4). Moreover, during the investigation the victim has rights, they can be

active in uncovering the truth, and in particular they can request legal procedures from the

investigating judge so that s/he understands the case better (FR/S/3). It is through their lawyer

that the victim will be able to fully exercise the rights which they have (FR/S/5). Nevertheless,

the victim has fewer rights than the accused, access to the casefile is less easy, and

certain hearings in the investigation phase can be held without them (FR/S/2). Moreover, one

member of an association stated that the victim should have more rights within the framework

of sentencing: the victim is almost never informed or consulted in connection with the handing

down of sentences, or the release of the perpetrator (FR/S/5).

1.2. Views of victims

1.2.1. How did the interviewed victims assess their role in the proceedings (Question V 1.1 –

V 1.3)?

The accomplishment by victims of the various steps within the framework of criminal

proceedings (lodging a complaint, hearings, trial) have two main motivations. Victims act for

a personal interest: the procedure has to constitute a form of psychological help to try to

surmount the suffering from the offence (FR/V/3), and the proceedings must allow for justice

to be done (FR/V/5, FR/V/9, FR/V/10, FR/V/12) and for the truth to be revealed (FR/V/11) or

allow the victim to leave the violent situation (FR/V/6, FR/V/7, FR/V/8). Other victims take legal

action to prevent the attacker from starting again and to prevent suffering for new victims

(FR/V/4, FR/V/8).

FR/V/4: “I had the impression that it was the man who was listened to more. Not only did he

not [have to] pay for his lawyer, he was also listened to more. The judges and the others, they

were on his side, me, I was not listened to at all. So that motivated me to say “no, it is unjust,

it is out of the question for me to give up, I'm not giving up any more, because the truth is on

my side… What motivated me was for justice to be done… Not only me, I am a victim, but

they don't believe me, they don't listen to me, that motivated me, I said to myself `I will not let

him do it”.

The position of victims in connection with their role in the criminal proceedings varies.

Certain victims are satisfied with their role in the criminal proceedings. They feel they have

been supported and listened to by those involved with the procedure and associations

(FR/V/3, FR/V/10). Moreover, some victims do not wish to have increased involvement in the

criminal proceedings because certain stages of the criminal proceedings are already difficult

to go through and difficult to bear (FR/V/3).

Conversely, certain victims can feel excluded from the criminal proceedings which

concern them. Indeed, it is sometimes necessary for them to go to the police several times to

lodge a complaint, they may not be correctly informed of their rights, and they may not be

seen by the police or judges (FR/V/1, FR/V/4).

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“The police did not listen very well. They tried on several occasions to make me withdraw the

complaint. I did not do that, I left it, but it was difficult” (FR/V/1).

The victim may sometimes feel that the rights of the accused are taken into account more

than those of the victim (for example, one victim questions why the attacker benefits from a

free lawyer and the victim does not) (FR/V/4). The victim may not understand the length of the

criminal proceedings, and more particularly why the perpetrator of the offence has not been

convicted when he has admitted the offence and other victims complain of similar offences

(FR/V/8).

The victim may feel that they serve no purpose in the criminal proceedings which proceeded

almost without them (FR/V/6, FR/V/7).

FR/V/6: "…when I went to the police, I saw things that had already been typed and they said

to me 'we will read and then you say if it is right or not', they said that to me. And then when

they read I said 'no, there are certain things which you say there, it is not like that'. And after

they changed it and told me to sign. Before signing, I said 'why am I signing?' They said, 'you

sign because you are a victim, it's been reported to us, we came and him, he will go to prison.”

FR/V/7: "So, you lodge a complaint, believing that by lodging a complaint, there will still be a

record of what happened and everything, but no, because when you ask for this complaint to

give it to the court, they say to you 'we haven't got it any more, it's of no use'. Then you say,

'and why did I come here to wait at the police station, sometimes for hours, in pain, closed in

on yourself, with a baby in your arms and all that for them to say, “everything that you did, it

serves no purpose”… I understand that the police have other work, thefts and everything, but

there should be a unit just for beaten women, because there are too many of them".

As such, victims say they need more information (or that the information communicated be

more comprehensible), more listening and support within the framework of the criminal

proceedings (FR/V/1, FR/V/7, FR/V/10), and to be more involved in the legal process (FR/V8,

FR/V/9). Certain victims feel they have "given a lot” to the legal authorities without having

obtained any results (FR/V/2, FR/V/5, FR/V/6).

It should be noted that certain victims may show indifference as to their role in the criminal

proceedings. They have suffered and may now live in fear; in this respect, the criminal

proceedings and the part which they may play in them were not important (FR/V/5).

Two victims affected by terrorist acts consider that they cannot be more involved in the

procedure because of the particularity of the events (FR/V/12), even if this would help them

to better understand the proceedings (FR/V/11).

2. Victims reporting their victimization to the police

2.1. Views of practitioners

2.1.1. How do practitioners assess the impact of victims’ reporting (or underreporting) on the

criminal justice system’s effectiveness (question Pr 2.1)?

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According to members of the police (P), a victim who goes to the police has thought about

it before going. This time to think is longer or shorter depending on the victim and the view

they have of the police and the justice system and the effectiveness of these institutions.

Nevertheless, once the victim has decided to go to the police, this indicates that any possible

reluctance has been overcome (FR/P/1, FR/P/3, FR/P/4). For various reasons (fear of

reprisals, family influences), a victim may not report an offence of which they were victim to

the police (FR/P/4); consequently, the police investigation is difficult, even impossible - certain

offences occur in private, if the victim does not say anything, the police cannot do anything

(FR/P/2, FR/P/5).

On the other hand, the members of the association sector (S) underline that the victim is

often hesitant before reporting to the police; they are shy, reluctant, vulnerable, febrile,

even ashamed, particularly as regards domestic violence (certain magistrates report the

same, for example FR/J/6). Certain victims could be dissuaded from lodging a complaint, it is

then necessary to insist that they do lodge a complaint. Other victims may lodge a complaint

then withdraw their complaint (FR/S/1, FR/S/2, FR/S/3, FR/S/4). Still other victims may have

had a poor experience of lodging a complaint previously, and so do not wish to repeat such a

step (FR/S/5). When there is a victim referent or a police officer who is attentive to the needs

of victims who sees the victim, this part is easier. In effect, if the police officer who receives

the victim is attentive to their situation, they may understand that any possible “unusual”, or

even “strange” behaviour of the victim when they lodge the complaint and thereafter (nervous

laughter, indifference) may just be a mechanism for total disassociation in order for the victim

to be able to face what they have suffered (FR/S/4). But in less densely populated

geographical areas, the victim's lodging of the complaint may be more difficult as a victim

referent may not exist and because in certain rural areas, everyone knows everyone else

(FR/S/2).

The opinions of lawyers (L) and magistrates (J) are more nuanced. According to these, the

attitude of victim towards the police depends on the personality of the victim; whereas

certain victims go easily to the police, others may need the support of someone close or an

association (FR/L/2, FR/L/4, FR/J/5).

"It is something which varies from one victim to another. Certain victims trust the institutions.

For them, it is important to be recognized as victims; consequently, they will be proactive,

they will lodge a complaint and cooperate with the police. Other people have less confidence

in the authorities or had negative experience with the authorities…there may be a reticence

which results in …not lodging a complaint…(FR/J/1)

“It is difficult to generalize and say if the victim will find it easy or not to go to the police. It

depends on the place, the police station, if it is a police area or gendarmerie area, there are

a lot of factors. What is sure it is that there are still practices of dissuasion from lodging a

complaint by the police: a refusal to record the complaint, incident report (main courant)…

So, the victim going to see the police depends on the place, but also of the type of victim. It

is very variable” (FR/J/5).

“Certain victims go to see the police easily, others need to be reassured by associations or

welfare officers to go to see the police to lodge a complaint, this is often the case for domestic

violence” (FR/L/2).

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There are even victims who feel guilty or believe, at least partly, that they themselves are

responsible for the situation, consequently they do not go to the police (FR/J/1).

“Certain people feel guilty, in particular in intrafamily violence; these people may say “it is my

fault that I was hit”. These people may be reluctant to lodge a complaint. It is a real problem”

(FR/J/1).

The attitude of the victim towards the police also depends on the type of offence. When the

complaint concerns a theft, for example, the process is quite standard, because the police

treat many similar complaints daily and the harm suffered for this type of offence is much lower

than for other more serious offences. On the other hand, for victims of physical or sexual

violence, or domestic violence, things are more delicate, the trauma suffered is much more

serious. Therefore, it is more frequent for the victim to be likely to feel uneasy about reporting

to the police (FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/7).

The perception that the victim has of the police can also play a part in whether they will

lodge a complaint or not: fear of being poorly received, fear that the offence suffered does not

interest the police, a previously poor experience with the police (for example, the victim may

have lodged a complaint previously and not been satisfied with the police investigations or the

treatment of their case (FR/L/1, FR/J/1, FR/J/2). Moreover, the police have to keep a certain

distance from the victim: although this does not facilitate the victim's approach to the police, it

is necessary to maintain a certain objectivity towards the victim (FR/L/3).

Any reluctance of the victim has a negative impact on the investigation (FR/S/1); with

the victim being a starting point, a first hesitant exchange with the police does not facilitate

the investigation. Clearly, the victim is not the only element of the investigation, other

investigation acts can be carried out. Nevertheless, interviewing the victim remains an

important part of the investigation (FR/L/1).

2.1.2. How do practitioners assess the potential of the following measures in terms of improving

the situation of underreporting? Would the following measures make it significantly easier for

victims to report (question Pr 2.2)?

Professional groups S – Agree or strongly agree

P - Agree or strongly agree

J - Agree or strongly agree

L - Agree or strongly agree

2.1.2.1 More victim support services available to victims of violent crime

5/5 (FR/S/1, FR/S/2, FR/S/3, FR/S/4, FR/S/5)

0/5 6/7 (FR/J/1, FR/J/2, FR/J/3, FR/J/5, FR/J/6, FR/J/7)

4/4 (FR/L/1, FR/L/2, FR/L/3, FR/L/4)

2.1.2.2 Raising victims’ awareness of their rights and of support services available to them

5/5 (FR/S/1, FR/S/2, FR/S/3, FR/S/4, FR/S/5)

2/5 (FR/P/3, FR/P/4)

5/7 (FR/J/1, FR/J/2, FR/J/4, FR/J/6, FR/J/7)

3/4 (FR/L/1, FR/L/3, FR/L/4)

12

2.1.2.3 Better protection of victims against repeat victimisation and retaliation

5/5 (FR/S/1, FR/S/2, FR/S/3, FR/S/4, FR/S/5)

5/5 (FR/P/1, FR/P/2, FR/P/3, FR/P/4, FR/P/5)

6/7 (FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/J/7)

4/4 (FR/L/1, FR/L/2, FR/L/3, FR/L/4)

2.1.2.4 Setting up specialised police units or contact officers for victims of certain types of crime

5/5 (FR/S/1, FR/S/2, FR/S/3, FR/S/4, FR/S/5)

1/5 (FR/P/2)

4/7 (FR/J/2, FR/J/4, FR/J/6, FR/J/7)

3/4 (FR/L/1, FR/L/3, FR/L/4)

2.1.2.5 Measures aimed to enhance the trust of the public in the police

3/5 (FR/S/1, FR/S/3, FR/S/5)

3/5 (FR/P/2, FR/P/4, FR/P/5)

7/7 (FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/J/7)

3/4 (FR/L/1, FR/L/3, FR/L/4)

2.1.2.6 Measures strengthening professional, respectful and non-discriminatory attitudes and conduct in the police

4/5 (FR/S/1, FR/S/2, FR/S/3, FR/S/5)

0/5

6/7 (FR/J/1, FR/J/2, FR/J/4, FR/J/5, FR/J/6, FR/J/7)

3/4 (FR/L/2, FR/L/3, FR/L/4)

As well as completing the above table, please provide an analysis and your own interpretation of

the results:

Making victim support services more accessible is strongly supported by associations,

magistrates and lawyers. More particularly, this proposition is seen by lawyers and judges

as a way of making it possible to facilitate the reporting of offences to the police. Some of

these say that access to associations is already facilitated but that there remains room for

improvement (FR/J/1, FR/J/2). In this respect, easier access to victim support services would make

it possible for victims to be listened to more in their suffering (FR/L/1). Moreover, when the victim

goes to the police after having consulted a victim support association, the steps for lodging the

complaint are easier (FR/J/5).

Conversely, the police are not convinced by such a measure. None of the five members of the

police questioned perceive this measure as being able to significantly increase the reporting of

serious offences. One of the arguments advanced is the adequate number of associations;

consequently, more victim support services would not impact on the reporting of serious offences

by victims to the police. In this sense, the members of the police questioned recognise the utility

and the effectiveness of victim support services, but think that increasing their number would not

necessarily improve the reporting of serious offences.

13

FR/P/4: “Of course, victims tend to approach associations before going to see the police (in

particular because they are afraid of reprisals, a fear which is less present when the victim turns

to an association). But there are already quite a lot of victim support associations, which do good

work, too”.

FR/P/2: “Victims would not be more encouraged to come to see us [the police] if they knew that

behind there were more support services”.

FR/P/1: “I think that there are enough victim support services. The press, the media provide

enough information on the existing services and what they can do”.

FR/P/5: “Victims already have access to many support services outside the police. Now, it is

necessary to recognize a difficulty in accessing these services, in particular if the victim lives a

long way from a town centre”.

Raising victims' awareness of their rights and the existence of support associations is

supported by associations, lawyers and magistrates. This proposal is seen as likely to

facilitate reporting to the police. One can only take advantage of one's rights if one is informed

of them beforehand (FR/J/1). However, the question of the resources to implement this arises (how

much, and how) for such a measure to be effective (FR/L/1).

Here again, conversely, the police are not convinced by such a measure. Only two police

representatives out of five subscribe to this idea. According to the police, there is already sufficient

information on the existence of victim support services.

Better protection of victims against the risks of reprisals has the support of many

professionals met. Such a measure would facilitate reporting to the police, in particular for certain

cases in which the victim knows their attacker (see in particular, FR/L/1, FR/J/5, FR/J/7).

Nevertheless, certain professionals wonder about how to implement such a measure (FR/J/2,

FR/J/3, FR/L/4) which is going to require significant resources (FR/P/5, FR/J/6).

The creation of specialised police units or representatives within police and gendarmerie

stations is a measure which receives a mixed reception from the professionals interviewed.

The associations fully subscribe to this proposal. But certain professionals point out that there are

already specialised police or gendarmerie units (FR/P/3, FR/P/4, FR/J/1, FR/J/5, FR/J/6, FR/L/2).

Nevertheless, such specialization is a good thing which it is therefore advisable to develop (FR/P/2,

FR/J/2, FR/J/6). These specialised units are often in the large towns, it would thus be necessary

to develop their presence in less populated geographical areas (FR/J/4).

Increasing public confidence in the police and the justice system is supported by the

majority of the professionals interviewed. It is up to the police and legal institutions to gain this

confidence (FR/J/1), and it is a very interesting approach to work on (FR/J/2, FR/J/6). However,

the question arises of knowing how to gain this confidence and that this then encourages victims

to lodge a complaint (FR/J/4, FR/L/4). Moreover, it should be borne in mind that the police and the

justice system cannot do everything. The justice system is perhaps not always the most relevant

response to certain domestic problems: certain domestic problems should be resolved without

turning to criminal proceedings. Similarly, for neighbour disputes, the intervention of the police and

courts can sometimes worsen the situation (FR/J/3).

14

Developing a respectful and professional attitude in the police is an adequate measure

according to members of associations. However, this proposal is considered to be

inadequate by all the police officers questioned: the police are already respectful with their

fellow citizens. Magistrates and lawyers agree, in a lesser proportion however; they advance

in particular the fact that it is always possible to do better (FR/J/1, FR/J/4, FR/J/6). Any possible

development of the respectful and professional attitude of the police supposes additional resources

(FR/J/3): necessarily, if the police had less work to do, were not overloaded with work, it would be

easier to adopt a respectful and professional attitude.

2.2. Views of victims

2.2.1. Did the interviewees report their victimisation to the police (Question V 2.1)?

The victim may have gone to the police to lodge a complaint (FR/V/1, FR/V/2, FR/V/3,

FR/V/5, FR/V/8, FR/V/9, FR/V/12). Sometimes, the police may have asked the victim to go to

the police station to discuss the events and to lodge a complaint: upon leaving hospital where

she had been treated for her injuries (FR/V/4) or following a third party reporting to the police

(FR/V/6, FR/V/10).

The victim may also report the offence to the police by calling them at the time of the

events (FR/V/1).

Sometimes, several visits to the police station are necessary to lodge a complaint. With

the police refusing the complaint or preferring to do an incident report (main courante). This

situation is difficult for the victim who needs courage to lodge a complaint, in particular they

may fear reprisals from a violent husband (FR/V/7).

A victim affected by the terrorist act explained that it was not obligatory to lodge a complaint,

she was able to stand as civil party by applying to the judge and so avoiding this stage

(FR/V/11).

2.2.2. What are the factors identified by victims, who reported to the police, facilitating this

reporting (Question V 2.2)?

Different factors can encourage the victim to lodge a complaint. Among these is the role of the

victim's friends and family, who encourage the victim in this (FR/V/3, FR/V/7, FR/V/8, FR/V/9). The

role of a victim support association consulted before the lodging of a complaint allows the victim

to overcome the fear of lodging a complaint and possible reprisals (FR/V/10). There are also more

personal reasons: to prevent the attacker from attacking another victim (FR/V/4), or wanting justice

to be done (FR/V/5). For attacks which have occurred in a public place, alerting the police can be

facilitated for the victim in that possible witnesses may proceed with this (FR/V/10).

2.2.3. What are the factors identified by victims, who reported to the police, hindering this reporting

(Question V 2.2)?

15

Certain victims said there were no factors which facilitated going to the police to lodge a complaint,

meaning that on the contrary this was difficult. For example, the need to go to the police station or

the gendarmerie brigade several times to lodge a complaint (FR/V/1), fear of having to meet their

attacker within the framework of the procedure, and fear that their case is not considered as being

sufficiently important by the police (FR/V/2). Also, the victim must sometimes overcome a strong

feeling of guilt: the victim may feel they are doing something bad in lodging a complaint (FR/V/6).

One of the victims affected by the terrorist act said that it would be difficult to go to lodge a complaint

with the police, because she was not treated in a very respectful way when she went to recover her

daughter's personal belongings. However, she was able to avoid lodging a complaint by applying to

the judge to stand as civil party (FR/V/11). It was difficult for the second victim affected by the terrorist

act to report the events, because she is Spanish and the translation services were not available

when she lodged her complaint (FR/V/12).

2.2.4. What are the factors identified by victims, who did not report to the police, impeding this

reporting (Question V 2.3)?

2.2.5. Would the victims, if they were victimised again, report to the police? What are the reasons

given by interviewed victims for their responses (Question V 2.4)?

Certain victims, in particular because of their first experience of the procedure, think it would be

easier for them to go to the police or gendarmerie in the event of a similar offence (FR/V/1, FR/V/2,

FR/V/3, FR/V/4, FR/V/5, FR/V/7, FR/V/9, FR/V/10, FR/V/11, FR/V/12). One of the reasons put

forward is that of the desire to prevent these violent offences happening again (FR/V/4).

However, other victims say that they would not lodge a complaint with the police because it does

not serve any purpose. The procedure is very long and there is no follow-up for victims who feel

abandoned and physically, psychologically, socially and financially exhausted (FR/V/8). Although

some victims say they would turn to victim support associations for support and assistance

(FR/V/6).

3. Empowerment of victims (support, advice and information)

a) Support and advice

3.1. Views of practitioners

3.1.1. How do practitioners assess the availability of victim support services to victims of crime

(Question Pr 3.1)?

Among the police (P) opinions are very divided. Some think that the number of victim

support associations is inadequate and that the resources which associations have are

insufficient (FR/P/1, FR/P/5). For others, there are enough associations but they lack the

16

resources to fully achieve their mission. For example, it can be difficult to rehouse a female

victim of domestic violence in an emergency because of a lack of accommodation places

(FR/P/4). For some, there is an adequate number of associations providing several types of

permanent cover and which have a significant local area network, making it possible to

achieve their mission effectively (FR/P/3). Finally, others feel they are not able to assess the

number of associations or the effectiveness of the association sector (FR/P/2).

According to lawyers (L) and magistrates (J), victim support associations merit their place.

Efforts have been made at the level of the resources they have. Particularly in 2016, following

various terrorist actions, the resources of associations for the protection of victims of terrorism

were increased, and as a consequence the resources of general victim support associations

were also increased (FR/J/6). Nevertheless, lawyers and magistrates underline certain

imperfections. First of all, it is possible to question their visibility. For example, little

information is communicated to the public in connection with victim support associations in

the law courts (FR/L/1). Then the question of available means arises: providing quality legal

and psychological support requires resources. Associations are often overwhelmed with

requests and due to a lack of resources certain associations may offer inadequate support

(FR/L/2, FR/L/3, FR/L/4, FR/J/4, FR/J/7). Moreover, this lack of resources varies from one

geographical area to another, as obtaining resources depends on the actions of certain local

actors: mayors, Regional Councils (Conseil Général) (FR/J/2, FR/J/6). The lack of resources

of certain associations necessarily affects their effectiveness (FR/J/1).

Associations (S) underline that there exists a very satisfactory structuring of victim

support associations around the INAVEM (Institut National d’Aide aux Victimes et de

Médiation - National Institute of Victim Support and Mediation). Within this framework

associations have multiple specialities: children, women, and men. The members of the

associations are also qualified and committed; certain members are also trained in

psychological support or social intervention (FR/S/3, FR/S/4, FR/S/5). There also exist welfare

officers and psychologists in police stations and victim support offices within courts (FR/S/4).

Nevertheless, there are insufficient resources available to victim support associations for

victims of offences (FR/S/1, FR/S/2, FR/S/4, FR/S/5), in particular, there is a significant lack

of accommodation places for victims of domestic violence (FR/S/2). Moreover, if resources

were more substantial, it would be possible for there to be a member of an association present

in each police station or each gendarmerie brigade; naturally the reception of victims would

be of better quality (FR/S/3).

3.1.2. In the view of the interviewed practitioners, are victims provided with information about the

general support services available to them in an effective and timely way (Question Pr 3.2)?

All of the professionals met state that information on the existence of victim support

associations is provided when the complaint is lodged. This information is compulsory

under the Code of Criminal Procedure, and it is effective : it takes the form of an indication at

the bottom of the complaint slip (récépissé de dépôt de plainte) (FR/P/1, FR/P/2, FR/P/3,

FR/P/5, FR/L/2, FR/L/3, FR/L/4, FR/J/1, FR/J/2, FR/J/3, FR/J/5, FR/J/6, FR/J/7, FR/S/2,

FR/S/3, FR/S/5).

17

FR/P/1: “When they lodge a complaint, the victim is informed of the existence of support

bodies. There is a compulsory mention of these which appears on the complaint slip

(récepissé de dépôt de plainte)”.

FR/L/2: “After the lodging of the complaint, on the official report, information on the existence

of support bodies for victims is indicated: ways of obtaining legal aid, victim support

associations”.

FR/J/1: “Information on victim support associations is systematically given to the complainant.

This information is either accessible upon their reception, or communicated following the

lodging of the complaint”.

FR/J/3: “There are forms informing the victims of the existence of a support service. It is given

to the victim when they lodge a complaint”.

The victim support associations are more reserved in this respect; it was stated that

providing information on the existence of a victim support service was not automatic and this

information may be communicated only verbally (FR/S/1, FR/S/4). Moreover, this information

on the existence of a victim support service could be detailed and explained better by the

police, as information on the existence of a victim support association and its contact details

may be difficult to identify amidst all the information being provided in the documentation

(FR/S/2, FR/S/3, FR/S/5).

FR/S/3: “At the level of the police there is systematic information because the contact details

of a victim support association have to appear on the complaint slip (récépissé du dépôt de

plainte) but it is buried in the middle of lots of information and the victim does not understand

the importance of this information".

Is this automatic provision of information sufficient? (FR/L/1). In effect, the victim may be

emotional when they lodge a complaint and not pay attention to the information relating

to the victim support association figuring on the complaint slip (FR/L/3, FR/J/3). The victim

may quite simply not read the document given (FR/J/3). Equally, this information may not

be well understood by victims, particularly those who do not have a good command of the

French language (FR/J/2, FR/J/6). Lastly, it would be a good thing for information be explained

more (FR/J/7).

FR/L/3: “The existence of a support service appears on all the official reports (procès-

verbaux). But I am not sure that all the victims necessarily have the reflex to read the official

reports until the end”.

FR/J/2: “When a victim lodges a complaint, they receive a slip containing references to victim

support services. But then what does the victim do with a piece of paper that we give them

and which they do not fully understand? What can a victim do who does not speak French

well and who does not understand the existing social structures?”

FR/J/7: “Materially, the information for the victim on the existence of a support service is

provided when they lodge a complaint. But, not being a judicial police officer, I do not know if

the explanations given by the police are sufficient for the victim”.

18

3.1.3. How do practitioners assess the availability of specialist victim support services to victims of

sexual or gender-based (including domestic) violence (Question Pr 3.3)?

A number of professionals highlight a lack of specialization in associations for victims

of domestic offences or sexual violence (FR/P/1, FR/P/2, FR/P/3, FR/L/1). Although they

report that general associations may get specialised professionals involved for domestic

violence (FR/J/4).

However, certain interviewees put forward the existence of specialised associations

(FR/L/2, FR/L/4, FR/J/1, FR/J/2, FR/J/4, FR/J/5, FR/J/6, FR/J/7, FR/S/1, FR/S/4) which may

manage shelters to accommodate women victims of violence (FR/J/1), and which complement

the involvement and the role of the INAVEM (Institut National d’Aide aux Victimes et de

Médiation - National Institute of Victim Support and Mediation) (FR/S/3). But in principle, the

police orient the victim to a general association; this will be able, if needs be, to re-orientate

victim (FR/L/3).

FR/P/2: “Whether the person is the victim of a rape or a burglary, it is always towards same

association that they will be directed”.

These specialised associations are effective when they dispose of sufficient resources

(FR/J/1); in the absence of resources, certain missions cannot be fulfilled, for example,

carrying out public awareness campaigns (FR/S/4). However, as with general associations,

these resources may be lacking and unevenly distributed depending on geographical areas

(FR/J/2, FR/J/5, FR/J/7).

FR/J/1: “The resources of associations are often dependent on the authorities: subsidies […].

I think that their budgetary balance is delicate, that money is often a concern”.

FR/J/2: “There is a lack of uniformity with regards to the resources available to these

associations. A lot of progress has been made with violence against women. But the coverage

is not the same across the whole country. In certain geographical areas, the resources can

be insufficient. To develop, certain associations will have to resort to local subsidies”.

FR/J/5: “Due to a lack of resources, there can be disparities depending on the geographical

areas in the fulfilment of their missions by victim support associations”.

3.1.4. In the view of the interviewed practitioners, how effectively and timely are victims of sexual

or gender-based violence provided information about the specialist support services

available to them (Question Pr 3.4)?

For the professionals met, information on the existence of associations largely relates

to general associations and more rarely to specialised associations (FR/J/2, FR/J/7). In

accordance with the Code of Criminal Procedure, information on the existence of a victim

support association is automatically provided at the time the complaint is lodged (FR/P/1,

FR/P/3, FR/P/4, FR/P/5, FR/L/1, FR/L/2, FR/J/3, FR/J/6). If the association mentioned is a

general association, either this general association has certain personnel specialised in

19

domestic violence and can support the victim, or this general association orients the victim to

a specialised association.

Ultimately, the police may supplement the compulsory information on a victim support

association with verbal information on the existence of a specialised association (FR/S/1,

FR/S/3). However, this information should be improved and made systematic (FR/S/3,

FR/S/5).

FR/S/3: “the [police] should accompany this [written information] with verbal explanations

(nature of the assistance) - that is not done systematically, but associations are working to

improve this. Reiterating the information is also very important".

Consequently, the information provided by the police does not relate to an association

specialised in domestic violence. The victim's lawyer will be able to advise them and orient

them to a specialised association (FR/L/3). In addition, in certain court jurisdictions the Public

Prosecutor can her/himself contact an association and communicate the contact details of the

victim to them so that the association can contact the victim to see whether they desire the

assistance of the association, inform them of their rights, and ask if they require a lawyer

(FR/J/1, FR/J/2). Of note here is an experimental practice being implemented in the

jurisdiction of the Versailles Court (Tribunal de Grande Instance): through a permanent

delegation from the Public Prosecutor to the police with respect to the last subparagraph of

Article 41 of the Code of Criminal Procedure (recourse to a victim support association by the

Public prosecutor), it is now provided for that in the event of complaint a serious offence (a

rape), the police send an email to an email account which is consulted by three victim support

associations in the jurisdiction. These will therefore be able to contact the victim (FR/J/6).

3.1.5. How do practitioners assess victims’ possibilities of being accompanied by a support person

of their trust when they are interviewed by the police (Question Pr 3.5)?

The opinions of professionals are very divided on this question. In effect, no law

mentions the possibility of the victim being interviewed by the police while being

accompanied by a support person. Consequently, such a possibility arises from police

practices (FR/L/1, FR/J/6, FR/J/7).

In the majority of cases, the police prefer to see the victim alone (FR/P/2, FR/P/4, FR/L/2,

FR/L/4). Indeed, in the presence of a third party, the victim's statement could be influenced

(FR/P/2, FR/L/3, FR/J/2, FR/J/6, FR/J/7); moreover, is this person who accompanies the

victim really trustworthy? Nevertheless, based on individual cases, the investigator may allow

the victim to be accompanied by a trusted support person (FR/P/3, FR/P/5, FR/J/1, FR/J/2),

this may also be a member of a victim support association (FR/S/4); this can carry the

advantage of putting the victim at ease in making their statement, and facilitate the victim's

statement (FR/P/1, FR/L/3, FR/J/1). In fact, the possibility for the victim to be accompanied

during their interview by the police depends very much on the investigator who carries out this

interview, their practices in carrying out interviews, the personality of the victim, the type of

offence or the ties which connect the victim and the accompanying person (FR/P/2).

FR/P/3: "If the victim wishes, they can be accompanied [by a trusted support person] at the

time when she is interviewed to lodge a complaint."

20

FR/P/5: "Throughout the legal procedure, the victim can be accompanied by a trusted

support person.".

FR/L/1: “I have heard of the practice consisting of seeing the victim accompanied by a close

relation”.

FR/J/6: "The acceptance or not of the presence of a third party at the time of lodging the

complaint with the police depends on the practices of the investigator. Moreover, the

presence of a third party at the time of lodging a complaint is not always advisable"

FR/J/7: "The victim can be accompanied when they lodge the complaint with the police. But

the police take care to be sure that the trusted support person really is a trusted support

person, so that they do not put the victim under any pressure."

FR/J/2: “The victim can be accompanied by a trusted support person when they lodge a

complaint. The police will check that the victim really wants this assistance. If such is the

case, I do not see why the police would prevent with this person from accompanying the

victim. All the more so as it can be useful if helps free up and facilitate speaking for the

victim”.

FR/P/2: “When we can carry out the interview of the person with someone else, and when

that will not have impact on the investigation, we do it. On the other hand, when we want to

make sure that this person does not influence the victim in one sense or another, the victim is

seen alone […]. The principle according to the Code of Criminal Procedure is that interview is

conducted with the person alone. But, in certain cases, when we know that there will be no

influence and that it is to help, if there is a trusted support person there, we do it [allow them

to be present for the interview]”.

Since this possibility of being interviewed while being accompanied by a trusted

support person depends on the investigator, no information is provided on this (FR/L/1,

FR/L/3, FR/J/1, FR/J/3, FR/J/4, FR/J/6, FR/J/7, FR/S/3, FR/S/5). The only means for the victim

to know that they can go to the police with a trusted support person is to consult a victim

support association or a lawyer before going to lodge a complaint (FR/J/2, FR/S/1, FR/S/2).

3.1.6. How do practitioners assess victims’ possibilities of being accompanied by a support person

of their trust during court trial (Question Pr 3.6)?

It is common for the victim to be allowed to be accompanied by someone close at the

time of the trial. On the one hand, victims know that they can be accompanied as this is

obvious; if needs be they can be reminded of this right during the procedure. On the other

hand, if necessary their lawyer or the victim support association can remind them of this

possibility (FR/P/1, FR/P/3, FR/P/4, FR/P/5, FR/L/1, FR/L/3, FR/J/1, FR/J/2, FR/J/4, FR/J/5,

FR/J/6, FR/J/7, FR/S/2, FR/S/3, FR/S/4, FR/S/5). The trusted support person will attend the

trial in the public gallery; in the event of a closed hearing, this trusted support person will have

to leave the room (FR/L/2). The hearing can be difficult, it is important that the victim can be

supported. Yet no specific, formal information is provided at the time of the criminal

proceedings (FR/P/1, FR/P/3, FR/P/4, FR/P/5, FR/L/1, FR/L/3, FR/L/4, FR/J/1, FR/S/1). The

21

associations may provide such information (FR/S/1, FR/S/5), or even set up support

procedures such as visiting the courtrooms beforehand, and providing psychological support

sessions afterwards (FR/S/3).

It should be noted that certain victims must be accompanied at the time of the hearing; these

are child victims and victims under court supervision (FR/J/3).

3.1.7. How do practitioners assess victims’ possibilities of being legally advised when they are

interviewed by the police (Question Pr 3.7)?

In principle, when the complaint is lodged the victim does not receive legal advice. Any

legal advice comes later from a lawyer or a victim support association solicited by the victim,

once the victim has been informed by the police of their right to be assisted (FR/P/1, FR/P/2,

FR/P/4, FR/P/5, FR/L/1, FR/L/2, FR/J/1, FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/J/7).

Therefore, during any possible later meetings with the victim (more particularly when there is

a police meeting between the accused and the victim), the victim will be able to be assisted

by a lawyer (FR/P/3, FR/L/2, FR/J/4, FR/S/4). However, when the complaint is lodged, the

police prefer a direct exchange with the victim rather than the use of language which may be

“reformulated” by the intervention of a lawyer, and so be less spontaneous (FR/J/1, FR/J/2).

FR/L/2: “for the first interview to lodge a complaint, in general there is no lawyer. The lawyer

will be present if the police wish thereafter to interview the victim again or to have a police

meeting with the victim and the accused”.

FR/J/1: “What is important is a sincere statement and not a statement that is altered by a

professional, it should be something spontaneous”.

FR/J/2: “When the person lodges a complaint, the lawyer should not speak on behalf of the

person; it is for the victim to explain what happened […]. It is rare in practice that the victim

lodges a complaint assisted by a lawyer because when they come to lodge a complaint, it is

at the beginning of the process, they have not had contact with anybody; because the first

reaction of a person who has been a victim of an offence is to go to the police station”.

Nevertheless, the victim can come to lodge a complaint with a lawyer who can thus be present

as of the victim's first contact with the police. The only way for the victim to be informed of this

right is to contact a victim support association or a lawyer before lodging a complaint (FR/L/3,

FR/J/3, FR/S/1, FR/S/2).

It is not the role of members of the police to provide legal advice to victims (FR/P/1,

FR/J/4, FR/J/5).

3.1.8. How do practitioners assess victims’ possibilities of being legally advised during court trial

(Question Pr 3.8)?

At the time of the trial, but also throughout the entirety of the criminal proceedings

(from the police investigation until the court ruling), the victim can receive legal advice,

in particular advice given by an association. They can also be assisted by a lawyer.

22

Victims are informed of this possibility from when they lodge a complaint with the

police (FR/P/2, FR/P/3, FR/P/4, FR/P/5, FR/L/2, FR/L/3, FR/L/4, FR/J/1, FR/J/2, FR/J/3,

FR/J/4, FR/J/5, FR/J/6, FR/J/7, FR/S/1, FR/S/2, FR/S/3, FR/S/4). Nevertheless, although

information on the right to a lawyer is provided, it is possible to regard it as insufficient as this

information does not detail the actual steps necessary. For example, the victim may not know

how to contact a lawyer, or the victim knows that they are entitled to legal aid, but does not

know who or where to ask for this legal aid (FR/L/2, FR/J/2). A victim support association will

be able to help the victim to take certain steps such as completing an application request for

legal aid (FR/J/2, FR/S/3).

FR/J/1: “The victim has the right to legal advice at the hearing and they are informed of this”.

FR/J/2: “The victim is civil party, so they can have a lawyer at any time”.

FR/P/2: “It is clearly specified to victims that they can be assisted by a lawyer during legal

proceedings”.

FR/P/5: “Of course, the victim is informed of their right to a lawyer and of the existence of legal

aid by the police”.

FR/L/2: “The victim has a right to legal advice at the hearing. They are informed of this right”.

The role of lawyer is essential at time of the trial. Without a lawyer nothing is provided for

the victim, and there are no means of providing them information on the rights they have at

the time of the trial. As such, a victim may miss a deadline for launching an appeal, but more

broadly the victim lacks information throughout the criminal proceedings (FR/L/1). Additionally,

at the time of the hearing, the President of the Court cannot give legal advice to the victim

because of the principle of equality between the prosecution and the defence. This can be

problematic when the victim presents without a lawyer and they are asked to evaluate the

harm suffered, and therefore to quantify the damages which they claim, as the judge cannot

advise them. Unfortunately, it occurs that victims put forward a claim which is very much lower

than what they could ask for (FR/J/3).

FR/L/1: “When victims do not have a lawyer, they are not sufficiently informed. For example,

I have seen a lot of people miss deadlines to appeal because they did not have a lawyer.

Nothing is planned specifically for the victim throughout the criminal proceedings in connection

with information on their rights if they do not have a lawyer”.

FR/J/3: "The President of the Court cannot give legal advice to the victim because of the

principle of equality between the prosecution and the defence. But sometimes, it is true that it

is delicate: there are victims who did not take a lawyer, who want to ask something but they

do not know what. The victim has to determine their damages claim and quantify it. But the

victim does not know how to do this. They then give a figure which may be lower than that

what they have a right to”.

3.1.9. How do practitioners assess victims’ possibilities of being legally advised free of charge

(Question Pr 3.9)?

23

Legal aid makes it possible for certain victims to benefit from the assistance of a lawyer

without having to pay the costs, or not all the costs. Depending on the victim's income they

will be given full or partial legal aid, or may not be granted any legal aid (FR/P/1, FR/P/2,

FR/P/3, FR/P/4, FR/P/5, FR/L/1, FR/L/2, FR/L/3, FR/L/4, FR/J/1, FR/J/2, FR/J/3, FR/J/4,

FR/J/5, FR/J/6, FR/J/7, FR/S/1, FR/S/2, FR/S/3, FR/S/4, FR/S/5). This measure is not specific

to victims, it also applies to the defendant (FR/L/1).

The legal advice given by the association sector is free (FR/P/2).

3.2. Views of victims

3.2.1. Were the interviewees in contact with an organisation providing victim support services

(Question V 3.1)?

Victims may have contacted an association providing assistance and support. The assistance

and support provided by associations is both very useful and invaluable (FR/V/2, FR/V/3,

FR/V/4, FR/V/5, FR/V/7, FR/V/8, FR/V/9, FR/V/10, FR/V/11); certain victims may, moreover,

be supported by several associations: a general association and a specialised association,

particularly in cases of violence against women (FR/V/4, FR/V/6).

Conversely, victims may have tried to make contact with an association without success. They

may, consequently, not be supported by an association, not benefit from psychological

support, and content themselves with the assistance of a lawyer (FR/V/1).

FR/V/1: “I had tried to contact them [the victim support services], I did not succeed and I did

not insist".

3.2.2. Those who were, how did they know about the service (Question V 3.2)?

Victims may be informed of support services through their own personal research (FR/V/2,

FR/V/12) (in particular on the internet), through advice from someone close (FR/V/4, FR/V/5,

FR/V/9), through the information communicated by the police at the time of lodging the

complaint (FR/V/8, FR/V/10), through a magistrate (FR/V/3), through recommendations from

a welfare officer (FR/V/6), or through medical professionals who saw the victim at the hospital

following the violent offences they suffered (FR/V/7).

“Victims are also accustomed to looking for information by themselves. Even though the police

recommend victims contact an association specialized in victim support, there is no obligation

to do so, and not everyone does this.” (FR/S/1).

3.2.3. Those interviewees who were in contact with an organisation providing support services,

how did they assess the services provided (Question V 3.3)?

In the large part, associations receive a favourable opinion from victims: they listen to

them and offer reassuring words (FR/V/2). Victims underline that they were satisfied with the

legal assistance (assistance with lodging the complaint, explanation of the procedure and the

24

role of the victim) (FR/V/11, FR/V/12) and the psychological support received from

associations (FR/V/3, FR/V/4, FR/V/5, FR/V/9, FR/V/10). Moreover, prior to any procedure,

the victim support association could make it possible for the victim to realise and understand

that they were a victim (FR/V/9).

FR/V/4: "I felt really well supported by the associations… they did good work with respect to

me. I found that they listened to me more at the associations, the justice system did not listen

to me, the procedure lasted 9 years”.

FR/V/9: "The association helped me psychologically but then they made it clear that it was

then up to me to sort it out myself.".

However, some victims say they have a negative opinion of victim support

associations. Among the grievances put forward it is possible to cite not having been given

concrete help (FR/V/6); that the support had shortcomings, in particular because one

professional (lawyer) who worked within an association was frequently absent (FR/V/7);

overall support which was lacking both at the legal level (lack of advice) and at the

psychological level (lack of group meetings, and a psychologist who was located at too great

a distance geographically) (FR/V/8). The victim of Spanish nationality affected by the terrorist

act was satisfied with the services of French victim support associations, but stressed that the

Spanish victim support association did not help her (FR/V/12).

3.2.4. Those interviewees who were in contact with an organisation providing support services, did

they feel that the services provided encouraged and helped them to participate in the

proceedings (V 3.4)?

When victims were not satisfied with the support association, they necessarily do not highlight

what associations could offer or achieve (FR/V/7, FR/V/8). On the other hand, when the victim

was satisfied by the action of the association, the following were put forward: helping to

understand the status of victim (associations can help victims realise that they are a victim)

(FR/V/9); helping the victim with the steps to take such as lodging a complaint (FR/V/6);

encouraging the victim not to withdraw their complaint (FR/V/9); encouraging the victim to

continue their legal proceedings (FR/V/3, FR/V/4, FR/V/10), even in spite of a case being

dropped by a Public Prosecutor (FR/V/2); informing the victim of their rights (FR/V/4,

FR/V/11); helping the victim to understand the procedure (FR/V/5, FR/V/11), and translating

information relating to the procedure (FR/V/12).

3.2.5. In cases of domestic violence (‘D’), were the interviewees supported in overcoming the risk

of repeat victimisation (Question V 3.5)?

Associations can reassure victims on the risk of repeat victimisation (FR/V/2). Nevertheless,

associations cannot guarantee protection to the victim (FR/V/9). Associations can also help

victims and their family find a solution for rehousing so as to avoid having to live with the

violent partner, for example (FR/V/6).

In certain cases, the assistance of associations to overcome the risk of repeat victimisation is

less essential. Such is the case if the attacker was detained soon after the offence (FR/V/4).

25

3.2.6. When being interviewed by the police, were the interviewed victims accompanied by a

support person of their trust? Were the interviewees informed beforehand that they would be

entitled to such assistance (Question V 3.6)?

Although certain victims go to lodge a complaint alone (FR/V/4), others go to lodge a complaint

with someone close (FR/V/1, FR/V/3, FR/V/5, FR/V/6, FR/V/7, FR/V/8, FR/V/9, FR/V/10). But

it may be that this support person is not allowed to be present when the victim gives their

statement (FR/V/1, FR/V/6, FR/V/8).

The large majority of victims were not informed of the right to go to lodge a complaint

accompanied by someone close (FR/V/1, FR/V/6, FR/V/7, FR/V/8, FR/V/9, FR/V/10; for an

opposite position see FR/V/5). In order to obtain such information, it is necessary to go to the

police or gendarmerie station (FR/V2) or to meet a victim support association before lodging

the complaint.

3.2.7. At the court trial, were the interviewees accompanied by a support person of their trust?

Were the interviewees informed beforehand that they would be entitled to such assistance

(Question V 3.7)?

Sometimes the victim knows that they can go to the trial accompanied by a trusted support

person. Consequently, they go accompanied (FR/V/5). Information is not necessary: this is

something obvious. Certain legal professionals may nevertheless provide this information

(FR/V/3).

Certain victims say they were not informed of the right to attend the hearing with a trusted

support person (FR/V/1, FR/V/4, FR/V/6, FR/V/7, FR/V/8, FR/V/11). Consequently, either they

go alone (FR/V/4, FR/V/7, FR/V/8), or, despite everything, they go accompanied (FR/V/1,

FR/V/12).

One victim says she received some information, notably from a magistrate, but the information

was difficult to understand, she is not sure who told her she could be accompanied at the

hearing (FR/V/10).

3.2.8. When being interviewed by the police, were the victims accompanied or advised beforehand

by a lawyer? Were the interviewees informed beforehand that they would be entitled to such

assistance or advice (Question V 3.8)?

The police or the gendarmerie do not inform the victim beforehand of the possibility of lodging

a complaint while being accompanied by a lawyer (FR/V/1, FR/V/2, FR/V/6, FR/V/12).

Because it is at the very time of the interview to lodge a complaint that the victim will be

informed of their right to a lawyer (FR/V/4, FR/V/5, FR/V/9, FR/V/10); consequently, it is

difficult for the victim to have such information beforehand, except by carrying out personal

research or by going to a victim support association before lodging a complaint.

26

Consequently, the victim is seen alone without the assistance of a lawyer (FR/V/1, FR/V/2,

FR/V/4, FR/V/7, FR/V/8, FR/V/9, FR/V/10, FR/V/12). Conversely, other victims say they had

a lawyer immediately who accompanied them throughout procedure (FR/V/3).

3.2.9. During the court trial, were the interviewees accompanied or advised by a lawyer? Were the

interviewees informed beforehand that they would be entitled to such assistance or advice

(Question V 3.9)?

Victims are informed of the right to be accompanied by a lawyer at the trial (FR/V/3, FR/V/4,

FR/V/5, FR/V/7, FR/V/9, FR/V/10, FR/V/11, FR/V/12). They can therefore have a lawyer who

accompanies them at the hearing, in particular when the victim is granted legal aid (FR/V/7,

FR/V/10). Other victims report a lack of information concerning the right to be assisted by a

lawyer at the time of the criminal trial; they are therefore likely to go to the hearing without a

lawyer (FR/V/1, FR/V/6, FR/V/8).

b) Information

3.3. Views of practitioners

3.3.1. In the view of the interviewed practitioners, how reliably, comprehensively and effectively are

victims provided information about their potential role and their rights in proceedings, when

they are first in contact with an authority, such as, in particular, the police (Question

Pr 3.10)?

At the time of their first contact with the police, in accordance with the Code of Criminal

Procedure, the victim receives full information on the rights they have (right to a lawyer,

right to be supported by an association, right to claim damages). But no information is

communicated to the victim in connection with their role in the conducting of the

criminal proceedings (FR/P/1, FR/P/2, FR/P/5, FR/L/2, FR/L/3, FR/J/1, FR/J/2, FR/J/3,

FR/J/5, FR/J/6, FR/J/7, FR/S/1, FR/S/3, FR/S/4). The police may sometimes inform a victim

of the next parts of the procedure, and particularly the role of the Public prosecutor (FR/P/3,

FR/P/4, FR/P/5). It is the victim support association or the lawyer which will provide information

on the role of the victim in the criminal proceedings (FR/L/2, FR/J/2, FR/S/3).

Certain professionals note that although thorough information is provided on the rights of the

victim, it is possible to question the effectiveness of this information: does the victim

understand the scope of the rights which are indicated to them? Does the victim understand

how to actually implement these rights? (FR/L/1, FR/J/2, FR/J/6). Extending this provision of

written information with verbal information could be a good thing (FR/J/6, FR/S/1).

FR/J/2: “There is a minimum framework for information. But then in practice the victim may be

better or less informed of progress in the procedure depending on the public prosecutor.

Without a victim support service, the victim will not have that minimum amount of information”.

FR/J/2: “Without a lawyer, the information communicated to the victim is laconic, in particular

when they call the court. That underlines the interest of having a lawyer and a victim support

association.

27

FR/J/6: “Information for victims without a lawyer and who are not supported by an association

is insufficient”.

3.3.2. Are victims later informed about any significant progress of the proceedings and their

potential role in various phases of the proceedings? If yes, on which occasions (Question

Pr 3.11)?

No legal obligation requires the provision of information to the victim on the progress of the

police investigation; consequently, as a principle, the police do not provide this (FR/P/2,

FR/S/1). However, in particular for long investigations, the police may provide information on

the progress of the investigation when the victim requests this; this is a practice which depends

on the investigator, on police staff available, or of the seriousness of the offence (FR/P/3,

FR/L/1).

Beyond information on the rights of victims provided at the time of lodging the complaint, the

victim is informed of their rights and their role in the procedure at the end of the investigation,

at the time of the decision to prosecute or not, taken by the Public Prosecutor (FR/P/1,

FR/P/3, FR/J/2, FR/J/5); this information from the Public Prosecutor is not always provided: a

victim without a lawyer may not be informed if their case is dropped (classement sans suite)

(FR/J/6, FR/L/2).

If a judicial investigation is opened, the investigating judge informs the victim of their rights

and their role (FR/J/2, FR/J/3, FR/J/5, FR/J/6, FR/J/7, FR/S/5). But when the investigation

lasts a long time, the victim may not be regularly informed of the progress of the investigations

(FR/S/3).

As well as this minimum requirement, there may be local initiatives for better information

for victims. Some magistrates may establish a “victim” record in the files to know what has

been done for the victim during the procedure (in particular information on their rights), to

gather together all the elements or mails communicated by the victim, and therefore provide

better follow-up and information for victims (FR/J/2).

In general, without a lawyer or the assistance of the association sector, it is difficult for

the victim to obtain information on the progress of the investigations, their rights or their

role during the procedure; the assistance of a lawyer or victim support association is very

important (FR/L/3, FR/L/4, FR/J/6, FR/J/7, FR/S/2, FR/S/3).

FR-L-1: “Victims are better or less informed according to the investigators and police

personnel who handle the case. I remember a father whose son was abducted who went to

the police station every day to find out where the case stood, if he had not done that I am not

sure that he would have received information”.

FR/L/3: “Apart from the information and advice from the different victim support associations,

without a lawyer, information for the victim is not easily provided by the justice system”.

FR/J/7: “If the victim is assisted by a lawyer or a victim support association, they obviously

understand their role better. In addition, information on the role of the victim is more delicate

in the event of an accelerated procedure because there is a lack of time”.

28

3.3.3. How do the interviewed practitioners assess victims’ possibilities of having access to the

case file either personally or through a legal representative (Question Pr 3.12)?

The approach of professionals on access to the case file by the victim depends on the

stage of the criminal proceedings.

At the stage of the police investigation, the victim does not have access to the case

file. The victim can only access a copy of their complaint. The large majority of

professionals questioned are oposed to the victim having access to the case file at the

investigation phase because the police investigation is confidential (FR/P/1, FR/P/2, FR/P/3,

FR/P/4, FR/P/5, FR/L/1, FR/L/2, FR/J/2, FR/J/5, FR/J/6, FR/J/7, FR/S/5).

For the following stages of criminal proceedings (preparatory investigation, hearing),

the victim can access the case file even if the victim does not have a lawyer (FR/L/2, FR/J/2,

FR/J/5, FR/J/6, FR/J/7, FR/S/3).

In the view of the professionals, access to the file must take place through a lawyer (FR/P/1,

FR/P/2, FR/P/3, FR/P/4, FR/P/5, FR/L/2, FR/L/3, FR/L/4, FR/J/3, FR/J/6, FR/S/1, FR/S/2,

FR/S/3). On the one hand, the casefile may contain sensitive information concerning private

life or the confidentiality of the investigation; on the other hand, a casefile can be shocking for

the victim, in particular due to certain photographs or statements (FR/L/3, FR/J/1, FR/J/3).

Moreover, although it is possible to let a lawyer consult a file because they belong to a

regulated profession, a victim without a lawyer who consults their file must be supervised,

should they remove part of it. In this respect, the justice system needs to make progress in

digitising procedures (FR/J/2).

FR/L/3: “It is essential that there be a filter between the casefile and the victim. A casefile can

be difficult to see for the victim (the file may contain remarks or photographs which are

shocking for the victim, for example). Also, certain investigations have to be carried out

discreetly, you cannot allow leaks from the casefile”.

FR/L/3: “The procedure is not directly accessible to the victim. The lawyer can see the casefile,

can communicate certain points to the victim, but the lawyer does not give the casefile to the

victim. The lawyer belongs to a regulated profession”.

FR/J/1: "Victims have access to the case file through the lawyer. I think the victim should have

access to the file, but that direct access can raise difficulties. Firstly, there is a 'shock' aspect'.

Is the victim prepared to see certain shocking documents in the casefile (such as a report or

forensic photographs)? Then, the casefile contains confidential elements concerning the

private lives of those involved in the case. Going through the lawyer allows only the relevant

parts to be provided to the victim".

3.4. Views of victims

3.4.1. When the interviewed first came into contact with the police, were they informed butt

A. to their potential and role to their rights in proceedings and

B. how they edge accesses year appropriate support service (Question V 3.10)?

29

The feelings of victims on the information communicated by the police is varied.

At the time of their first contact with the police, certain victims say they were not informed

of their potential role and their rights in the legal procedure (FR/V/1, FR/V/7, FR/V/8,

FR/V/9, FR/V/10, FR/V/12).

FR/V/8: “…the police told me nothing. I did not know anything at all, I waited for them to call

me in, for police meetings between the victim and the accused, things like that, then I was

abandoned for years or months, then they send me a registered letter from the investigating

judge for the reconstruction, I go there, I do a reconstruction, they abandon me…then there

is a new judge, “he has to see you, because the judges, they change”…

For example, the victim may be informed of their right to a lawyer at the time of hearing

(FR/V/4, FR/V/6).

FR V 6: "It was at the court when I went to get the procedures that the person said to me 'you

know you have the right to ask for a lawyer, to be there when they took your daughter, to say

'we do not want to'. I didn't know any of that.".

But victims may consider that the information communicated is insufficient (FR/V/9) or not

easy to understand (FR/V/10). Victims also mention a lack of information on access to a

victim support service (FR/V/1, FR/V/7, FR/V/10, FR/V/12); sometimes, information on the

possibility of being assisted and of being supported by an association is provided later in the

procedure and may be given by the investigating judge (FR/V/3), or this information comes

from elsewhere: information from someone close or a welfare officer (FR/V/4, FR/V/5,

FR/V/6).

On the other hand, other victims say they were informed of their potential role and their

rights in the legal procedure (FR/V/2, FR/V/3, FR/V/5) and of the means at their disposal to

have access to a victim support service (FR/V/2, FR/V/8, FR/V/9). Information relating to the

potential role of the victim and their rights in the legal procedure is sometimes communicated

by a victim support service (FR/V/11).

3.4.2. Were interviewees continuously updated on how the case developed and on their potential

role and relevant rights over the course of the proceedings (Question V 3.11)?

Obtaining information on the progress of the procedure and the role of the victim varies

and comes from various sources. Sometimes, the victim is regularly and well informed

by the police or a magistrate (FR/V/3, FR/V/5, FR/V/8, FR/V/9, FR/V/10, FR/V/12).

FR/V/3: "Yes [I had access to the casefile documents], but I do not want to receive the

documents, if it's going to harm me, there is no point. I received lots of documents about what

I had said, of what they had said, but I do not want to receive any".

Conversely, certain victims underline a lack of information on the progress of the procedure

and their role (FR/V/6, FR/V/7). Sometimes this information may be provided by the

victim's lawyer (FR/V/4; this victim highlights that one piece of information from her lawyer

is not easy to understand; FR/V/11, FR/V/12). In order to obtain information on the progress

of the procedure and their role, the victim must sometimes act personally: one victim was

30

informed of the developments of the case when she telephoned the gendarmerie (FR/V/1),

others by personal research, or by going to associations (FR/V/2).

3.4.3. Did interviewees, either personally or through a legal representative, have access to the

case file? If yes, at which stages of the proceedings (Question V 3.12)?

Without a lawyer, the victims questioned could not have access to the casefile (FR/V/1,

FR/V/4, FR/V/5, FR/V/7). They only received information from the casefile through their lawyer

(FR/V/4, FR/V/11, FR/V/12); in this respect one victim reports that in spite of her requests her

lawyer did not communicate the information which she asked for from the file (FR/V/8).

Moreover, certain victims prefer that only the lawyer has access to the file because this file

can be painful for them (FR/V/3).

Other victims say that with at certain stages of the procedure (discontinuation of proceedings

- décision d’un classement sans suite), they could access the casefile (FR/V/2). Or again at

the investigation phase, the victim was able to access certain official reports (procès-verbaux):

those including her own statements and those including the admission of the offences by her

husband (FR/V/9).

c) General assessment

3.5. Views of practitioners

3.5.1. To what extent have the interviewed practitioners, divided by professional groups, agreed

with the following statements (Question Pr 3.13)?

3.3.4.1. More needs to be done to ensure that all victims have access to appropriate support services.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 4 (FR/S/1, FR/S/3, FR/S/4, FR/S/5)

1

(FR/S/2) 5

P

4 (FR/P/1, FR/P/2, FR/P/4, FR/P/5)

1 (FR/P/3)

5

J 2 (FR/J/2, FR/J/7)

4 (FR/J/1, FR/J/2,

1

(FR/J/3) 7

31

FR/J/5, FR/J/6)

L 2 (FR/L/2, FR/L/4)

1 (FR/L/1)

1 (FR/L/3)

4

3.3.4.2. Considering that victims, in criminal proceedings, mainly perform the role of witnesses, already too much is done to strengthen their position in criminal proceedings.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 1 (FR/S/2)

2 (FR/S/1, FR/S/5)

2 (FR/S/3, FR/S/4)

5

P

2 (FR/P/1, FR/P/3)

3 (FR/P/2, FR/P/4, FR/P/5)

5

J

5 (FR/J/1, FR/J/3, FR/J/4, FR/J/5, FR/J/7)

1 (FR/J/6)

1 (FR/J/2)

7

L 1 (FR/L/4)

1 (FR/L/2)

1 (FR/L/3)

1 (FR/L/1)

4

3.3.4.3. More needs to be done to ensure that victims are informed in an effective manner about the proceedings and their potential role in them.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 3 (FR/S/1, FR/S/3, FR/S/5)

2 (FR/S/2, FR/S/4)

5

P

1

(FR/P/4)

3 (FR/P/1, FR/P/2 FR/P/3)

1

(FR/P/5) 5

J

1 (FR/J/7)

3 (FR/J/1, FR/J/2, FR/J/6)

2 (FR/J/3, FR/J/5)

1

(FR/J/4) 7

32

L 2

(FR/L/2, FR/L/4)

2 (FR/L/1, FR/L/3)

4

3.3.4.4. Not much further action needs to be taken to improve the standing of victims in criminal justice proceedings as a lot has already been done in recent years.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 1 (FR/S/5)

3 (FR/S/1, FR/S/2, FR/S/4)

1 (FR/S/3)

5

P

2 (FR/P/1, FR/P/3)

3 (FR/P/2, FR/P/4, FR/P/5)

5

J

2 (FR/J/1, FR/J/5)

4 (FR/J/2, FR/J/3, FR/J/6, FR/J/7)

1 (FR/J/4)

7

L

2 (FR/L/2, FR/L/3)

1 (FR/L/1)

1 (FR/L/4)

4

Please provide an analysis and your own interpretation of the results:

Providing better access for victims to services is supported by a number of the

professionals met. Several of them say that even though there have been advances on the issue

(FR/P/3), progress can still be made (FR/J/1, FR/J/2, FR/J/4, FR/L/3). Although they may be

considered to be sufficient in number, victim support associations lack resources (FR/P/1, FR/P/4,

FR/P/5, FR/S/2). In particular this is so for associations specialised in violence against women,

since these victims have a significant need for help and support as we know that many victims of

domestic violence dare not lodge a complaint; a more significant presence of associations could

encourage reporting to the police (FR/J/5).

FR/P/1: “We inform people of the existence of victim support associations people at the appropriate

time, when they are victims or claim to be victims”.

FR/P/1: “There are a number of victim support associations but if they had more resources it would

be better”.

FR/P/2: "More should be done so that all victims have access to a support service. These services

make it possible for the victim to recover from the offence".

FR/P/5: “It is always possible to do more so that victims can access a support service”.

33

FR/J/1: “A lot of progress has been made. But it is still possible to improve things".

FR/J/5: "More should be done to ensure the victim has access to a support service. But it should

be done in a targeted way, meaning for victims who chronically under-report offences, so in

particular victims of family and/or sexual violence (which are offences for which there are victims

who do not lodge a complaint)."

FR/J/2: “As long as there is room for improvement in this matter, improvements should be made.

Obviously a problem of budget nevertheless arises”.

Since the victim is above all a witness in the criminal proceedings, many measures have

already been adopted in order to enhance their role. This statement draws divided opinions

from among the professionals questioned. This possibly arises from the fact that for certain

offences the victim will mainly be seen as a witness, whereas this is not the case not for others

(FR/J/2).

FR/J/2: “It is the victim who, by their statement, can make it possible to orient the investigation.

The victim of an offence (for example violence) is a victim but they are also a witness. The victim

has this dual status. It is true that often the investigator may see the victim as a witness who

advances their investigation, but it is also in the interest of the victim to see the investigation

advancing”.

Some consider that the victim has a sufficient role in criminal proceedings; in this respect, it should

be stressed that the victim can initiate and take part in the criminal proceedings (FR/L/2). Although

others think it is necessary to grant more rights to the victim, and as such one could consider free

assistance from a lawyer for victims, without there being a question of the victim's financial

resources (FR/P/2), it is necessary to improve the methods of obtaining evidence, observations,

and involving forensic medicine (FR/J/6).

FR/P/2: “In its current state, the law is satisfactory, however, we could give victims more rights.

For example: benefiting from a free lawyer, without the condition of financial resources”.

FR/J/6: “It is possible to improve things for the victim. I'm thinking in particular of improvement in

the formalization of their testimony, their observations, the legal-medical measures”.

Providing better information for victims on their rights and their role within the framework

of the criminal proceedings once again divides opinions.

Certain professionals, and particularly associations, are in favour of better information for

victims. They advance the need for understandable information; although information is

planned for and provided, the victim still has to be able to understand it (FR/J/1). It is also

necessary to go beyond providing information in theory to providing concrete information on the

rights available to victims (FR/L/2); in effect, one realises that in an everyday situation victims are

lost when it comes to rights; they do not know them all, and they do not realise all the rights they

can benefit from (FR/J/2). It is only through a lawyer or an association that the victim has complete

information on their rights, and the police should do more (FR/L/3).

FR/J/1: "It is possible to improve. There is information on rights but there needs to be useful and

understandable information"

34

FR/L/2: "The lack of information is one of the main problems. As such, victims may be informed of

certain rights on forms that they do not read."

FR/J/2: "Even though a lot has already been done to inform victims, on an everyday basis one

realizes that victims are still lost when it comes to their rights and the procedure. The legal system

is not well understood, so a lot of people do not know their rights. Which is where the importance

of victim support associations lies"

FR/L/3: “A victim without lawyer or the support of the association sector is necessarily lost. They

lack information and a contact person”.

Other professionals believe that in legal terms, the information communicated to victims is

sufficient (FR/P/1, FR/P/3, FR/J/3). Providing additional or more detailed information to victims

may prove to serve no purpose; what is essential is that the victim understands the information

(FR/J/3). Nevertheless, although the law is satisfactory, some people express a doubt as to the

police's rigour in the provision of this information (FR/J/5).

The proposal according to which 'it is not useful to adopt measures in favour of the victim

in criminal proceedings, a lot has already been done in this area,' once again divides

opinion among the professionals questioned; except for the representatives of associations

who, on the contrary, believe that more should be done.

For certain professionals, in legal terms, the place of the victim is satisfactory (FR/L/2,

FR/L/3). It is not useful to do more for victims as it is necessary to maintain the balance in

the criminal proceedings between the Public Prosecutor who brings the charge, and the

parties, namely the defence and the civil party (FR/J/1). Certain interviewees even say that

there should be a reconsideration of certain provisions taken in favour of victims as they may prove

to be inappropriate. As such, the victim has certain rights at the sentencing phase. However, for

the victim the procedure ends at the trial (with the decision on damages), so they have no place in

the sentencing phase. Although this type of provision can be counterproductive: for example, a

victim may be informed several years after the trial that perpetrator of the offence is going to be

released from prison, but this victim has turned the page, such information can revive certain

unpleasant memories and feelings for the victim (FR/J/5).

For other professionals, it is necessary to pay more attention to the rights of victims. There

have already been many measures adopted aimed at reinforcing the position of the victim in

criminal proceedings, but it is possible to do more still to enhance their rights, information and the

role of the victim (FR/J/2, FR/J/3). For example, ensuring a duty lawyer for victims within the

framework of accelerated procedures; improving compensation (in particular by referring to the

Compensation Commission for moreover Victims of Offences or the Recovery Assistance Service

for Victims (Commission d’indemnisation des victimes d’infractions ou du Service d’aide au

recouvrement des victimes) (FR/J/6). But these recommendations face a lack of resources.

FR/J/2: “A lot has been done. But we can do even more. The only limit that I see it is that the victim

is not there to fulfil the role of the public Ministry which defends the interests of society. […]. I think

that for the individual rights of victims there are improvements to be made. Not necessarily in terms

of standards (even though there may be room for improvement), but particularly at the level of

implementation, local everyday practices where there is room for improvement"

35

FR/J/3: “A lot of victims are in a difficult situation: they do not know which rights they have, they do

not know how to exercise them. These victims may be lost”.

This opposition is to some extent summarized by a magistrate who states that it is

necessary to distinguish between the law and its effectiveness (FR/J/4, and in the same

sense, FR/S/5): in law, the victim has sufficient rights available, but in practice, the effectiveness

of these right can be questioned as these rights can be difficult to implement.

FR/J/4: "With regards to the procedure, the victim has the same rights as the other parties. But, on

the effectiveness of these rights, that is another question. Do victim support associations have

sufficient resources to support victims?"

3.6. Views of victims

3.6.1. To what extent did the interviewed victims agree with the following statements (Question

V 3.13)?

Strongly agree

Rather agree

Rather disagree

Strongly disagree

Don’t know TOTAL

3.6.1.1 Throughout the proceedings I had the support I needed.

1 (FR/V/11)

4 (FR/V/2, FR/V/3, FR/V/5, FR/V/12)

5 (FR/V/1, FR/V/4, FR/V/6, FR/V/9, FR/V/10)

2 (FR/V/7, FR/V/8)

12

3.6.1.2 Overall, I wish I had more legal advice. 4

(FR/V/1, FR/V/5, FR/V/7, FR/V/8)

5

(FR/V/4, FR/V/6, FR/V/9, FR/V/10, FR/V/11)

3 (FR/V/2, FR/V/3, FR/V/12)

12

3.6.1.3 Throughout the proceedings I received sufficient information about the progress of the case.

3 (FR/V/2, FR/V/3, FR/V/5)

8 (FR/V/1, FR/V/4, FR/V/6, FR/V/7, FR/V/9, FR/V/10, FR/V/11, FR/V/12)

1 (FR/V/8)

12

3.6.1.4 At times, I would have wished for more information about my potential role in the proceedings.

3 (FR/V/1, FR/V/7, FR/V/8)

7 (FR/V/2, FR/V/4, FR/V/6, FR/V/9,

2 (FR/V/3, FR/V/5)

12

36

FR/V/10, FR/V/11, FR/V/12)

Please provide an analysis and your own interpretation of the results:

Throughout the procedure, the victim benefited from the support they expected.

The opinions of victims on the support they received during the procedure are rather negative.

They feel they did not receive the support necessary during the procedure (see in particular,

FR/V/10). The negative opinion of victims concerning the support provided throughout the

procedure is predominant for victims of domestic violence (FR/V/1, FR/V/4, FR/V/6, FR/V/9).

To demonstrate a failing in support, one victim reported that the police had recommended that she

withdraw her complaint (FR/V/1). This remark is difficult to understand and accept when one knows

the difficulty which the step of reporting to the police poses for the victim.

In the same way, one victim reported minimal support. This minimal support enabled her to lodge

a complaint and so begin the procedure; but thereafter, she would have liked to have been

supported more (FR/V/9).

As a whole, victims would like more legal advice.

The large majority of victims expect more legal advice, and in addition, comprehensible legal

advice (FR/V/10). This expectation of more legal advice is very common among victims of

domestic violence (FR/V1, FR/V4, FR/V/6, FR/V/9).

Throughout the procedure, the victim received sufficient information on the progress of the

case

The majority of victims do not feel they received sufficient information on the progress of the case

throughout the procedure (see in particular FR/V/9, FR/V/11, FR/V/12). As such, one victim

reported that they had no idea as to the progress of the procedure and did not have any information

or any support with this (FR/V/7). This expectation of more information on the progression of

the investigation and the progress of the procedure is very common among victims of

domestic violence (FR/V1, FR/V4, FR/V/6, FR/V/9).

It should be noted that certain victims prefer not to be informed of the progress of the procedure

because such information can be difficult to deal with (FR/V/3).

The victim would have wished for more information on their potential role in the procedure.

The majority of victims expect more information on their potential role in the procedure. This

expectation of more information is very common among victims of domestic violence

(FR/V/1, FR/V/4, FR/V/6, FR/V/9).

37

It should be noted that, sometimes, although information is provided, the victim may not have

understood it (FR/V/10). Therefore, in theory, information from the police or the magistrate was

provided, but in reality the victim did not understand this information. To inform victims suitably it

is necessary to take time to explain and detail the information communicated, in particular the

rights which the victim benefits from and the implementation of these.

4. Effective remedy

4.1. Views of practitioners

4.1.1. According to the interviewed practitioners, do the police view themselves as obliged to

investigate whenever there is substantive suspicion that a crime has been committed or do

they see themselves as enjoying a margin of discretion whether to investigate or not

(Question Pr 4.1)?

The principle is that the police do not have discretionary power as to the

appropriateness of investigating or not. As soon as the police are called upon, in particular

by a victim, they intervene. And whenever there is an intervention, there is an investigation

(FR/P/1, FR/P/3, FR/P/4, FR/P/5, FR/L/1, FR/L/4, FR/J/4, FR/S/1, FR/S/3, FR/S/4). Howver,

the investigator needs to suspect an offence has been committed, and this is a highly

subjective aspect (FR/L/1).

When faced with minor offences and slight suspicions a police officer may decide on a form

of simplified investigation, consisting in collecting information which could be used to

determine whether or not it is necessary to go further with investigations (FR/P/4).

Nevertheless, the lack of police resources leads to a form of discretionary selection;

depending on the context or the seriousness of the offence, the police may not investigate

(FR/J/2, FR/J/7, FR/S/2). If for certain offences the police have only suspicions without a victim

coming to complain, the investigator assesses the suspicions before deciding whether or not

to investigate (FR/P/2). Equally, the police may refuse to investigate when faced with a fanciful

complaint (FR/L/3). Similarly, for certain minor offences, at certain Public Prosecutor's there

exists a practice of automatically closing cases without prosecuting (classement sans suite);

necessarily, the police have no interest in investigating these offences since they know in

advance that the case will not be prosecuted (FR/J/5). Moreover, the police may advise the

victim to submit an incident report (main courante) and not a complaint, this allows for a record

of the offence without starting an investigation (FR/L/2, FR/J/5, FR/J/6); nevertheless, in the

case of domestic violence, even in the event of an incident report, the police are required to

investigate: the objective is to put an end to any violence as quickly as possible (FR/J/1).

FR/J/1: “What has been set up in the jurisdictions for a few years it is that as soon as there is

an incident report (main courante) for domestic violence, there are investigations to see

whether there is a situation to look into, in particular to conduct a possible interview with the

38

accused or to get information from the social services for example. But a complaint remains

stronger than an incident report (main courante) for the investigations which will be carried

out”

If needed the police can ask the Public Prosecutor to inform them on the advisability of

investigating or not (FR/P/3, FR/P/4).

4.1.2. According to the interviewed practitioners, do public prosecutors view themselves as obliged

to prosecute in any case where there are significant indications that a crime has been

committed or do they see themselves as enjoying a margin of discretion in this regard

(Question 4.2)?

The law accords the principle of the appropriateness of prosecuting to the Public

Prosecutor. Therefore, even when faced with clear offences, the Public Prosecutor may

decide not to prosecute. The Public Prosecutor also has a middle ground between not

prosecuting and prosecuting - these are alternatives to prosecution which make it possible to

respond to an offence without starting a prosecution (FR/L/1, FR/L/2, FR/L/3, FR/L/4, FR/J/1,

FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/J/7, FR/S/2, FR/S/4).

The Public Prosecutor makes a decision based on the seriousness of the offence, the

personality of the accused, and if it is a first offender or a repeat offender (FR/P/1, FR/J/1).

Necessarily, for serious offences, it is extremely likely that if the conditions are met the Public

Prosecutor chooses to prosecute (FR/S/1, FR/S/3).

In order to obtain information when taking a decision to prosecute, the Public Prosecutor, upon

suspicion of an offence, can require the police to investigate or go further in their

investigations. This is particularly the case for suspicions of serious offences such as domestic

violence to which the public authorities pay great attention (FR/P/2, FR/P/3, FR/P/4, FR/P/5,

FR/J/2).

FR/P/2: “As soon as the Prosecutor is informed of suspicions which are not necessarily

proven, depending on the situation, they may decide that the offence is characterized or ask

for it to be investigated”.

FR/P/3: “Often the Prosecutor asks to continue the investigation in the presence of

suspicions”.

FR/P/4: “When the Public Prosecutor has doubts about the commission of an offence of

domestic violence, they ask the police to continue the investigations. Because it is a sensitive

area in which it is necessary “to put the gloves on”; the same applies when a child is a victim”.

FR/P/5: “Domestic violence is a sensitive subject which is followed closely by the Public

Prosecutor who therefore expects an investigation”.

FR/J/2: “In the event of a serious offence, like domestic violence, when the Public Prosecutor

is informed of the situation, even without a complaint from the victim, they can request

investigations”.

39

4.1.3. As assessed by the interviewed practitioners, divided by professional groups, how often

does it happen in cases concerning violent crimes that prosecution becomes time-barred

because of a statute of limitation?

This occurs S P J L

Often or very often 2 (FR/S/3, FR/S/5)

1 (FR/L/1)

Occasionally 3 (FR/S/1, FR/S/2, FR/S/4)

1 (FR/P/2)

3 (FR/J/3, FR/J/4, FR/J/5)

1 (FR/L/4)

Only in exceptional cases or not at all 4 (FR/P/1, FR/P/3, FR/P/4, FR/P/5)

4 (FR/J1, FR/J/2, FR/J/6, FR/J/7)

2 (FR/L/2, FR/L/3)

Don’t know

TOTAL 5 5 7 4

The large majority of professionals met stress that time-barring because of a statute of

limitation is occasional, or even rare. Time-barring of the public action because of a statute of

limitation occurs mainly for offences with a short limit (press offences, for example). For serious

offences, the rare cases of time-barring of the public action because of a statute of limitation relate

to sexual offences committed on a minor who (despite the lengthening of the term of limitation and

putting back the starting point to when the child reaches the age of majority) delays lodging a

complaint (FR/J/1, FR/J/2, FR/J/4). Time-barring of the public action because of a statute of

limitation exists, but it is rather rare (FR/S/2). On the one hand, the terms of limitation of the public

action tend to get longer (FR/J/4); on the other hand, speaking about offences, in particular serious

sexual offences, is getting easier today: victims, more so than previously, are more willing to speak

about the offences suffered and to lodge a complaint (FR/L/3).

However, a more reserved position should be noted for associations, who consider that time-

barring may occur, in particular for sexual offences committed on minors. Despite the lengthened

terms of limitation, revealing of the offences may not occur (FR/S/5).

4.1.4. According to the interviewed practitioners, if the police fail to carry out a thorough and

effective investigation, does the victim have an effective means of challenging this failure

(Question Pr 4.4)?

If the police are reluctant to investigate, the victim has several possibilities.

40

First of all, they can lodge a complaint with another police or gendarmerie service (FR/P/2,

FR/P/5), or they can submit a request to the Public Prosecutor to inform the prosecutor of

the situation, or even lodge a complaint directly with the Public Prosecutor (FR/P/2, FR/P/3,

FR/P/4, FR/P/5, FR/L/1, FR/L/2, FR/L/4, FR/J/1, FR/J/2, FR/J/4, FR/J/5, FR/J/7). Such a step

by the victim has a chance of succeeding since the Public Prosecutor, being the director of

the investigation, will necessarily question the police on the situation of the investigation, its

progress, and the difficulties encountered. According to the response of the police, the

prosecutor will be able to choose to order an investigation or not (FR/P/4, FR/P/5, FR/L/2,

FR/J/1, FR/S/4).

The victim can also proceed with a direct summons or lodge a complaint as civil party

before the investigating judge (FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/J/7, FR/S/2, FR/S/3). This

carries as a consequence an obligation for the Public Prosecutor to initiate the public action;

the investigating judge then carries out a judicial investigation into the offences (FR/L/1,

FR/L/3, FR/J/1). Nevertheless, the victim may be hindered in such a step by the need to

deposit a financial guarantee (FR/L/3).

FR/L/3: “A complaint as civil party implies a financial deposit”

4.1.5. According to the interviewed practitioners, if the Public Prosecutor decides to discontinue

prosecution, does the victim have an effective means of challenging this decision (Question

Pr 4 5)?

If the Public Prosecutor decides to take no action on the victim's complaint, the victim has two

possible ways to appeal: a non-jurisdictional appeal and a jurisdictional appeal. The victim

is informed of this possibility to mount a challenge in the dismissal notification (récépissé de

classement sans suite) (FR/J/2).

First of all, the victim can challenge this refusal with the Prosecutor General at the Court

of Appeal who, on the basis of a report from the Public Prosecutor, will be able to enjoin the

Public Prosecutor to prosecute or go further in the investigation (FR/P/2, FR/P/4, FR/L/2,

FR/L/4, FR/J/1, FR/J/2, FR/J/4, FR/J/6, FR/J/7, FR/S/1, FR/S/2, FR/S/3, FR/S/5). The

decision of the Prosecutor General cannot be appealed (FR/L/2, FR/J/1).

Or, the victim can proceed with a direct summons or a complaint as civil party with the

investigating judge. The direct summons is employed for simple cases for which the identity

of the accused is known (FR/P/1, FR/L/3, FR/L/4, FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5,

FR/J/6, FR/S/1, FR/S/2, FR/S/4). The complaint as civil party is employed for more serious or

complex cases for which the identity of the perpetrator of the offence is not known. Such a

step will oblige a Public Prosecutor, who was initially reluctant to prosecute, to start the public

action (FR/L/2, FR/L/3, FR/J/1).

41

4.1.6. To what extent did the interviewed practitioners, divided by professional groups, agree to the

following statement (Question Pr 4.6)?

When people fall victim to violent crime they can legitimately expect that the police conduct a thorough investigation with a view to identifying offenders.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 4 (FR/S/1, FR/S/3, FR/S/4, FR/S/5)

1 (FR/S/2)

5

P 4 (FR/P/1, FR/P/2, FR/P/3, FR/P/5)

1 (FR/P/4)

5

J 4 (FR/J/1, FR/J/2, FR/J/4, FR/J/7)

3 (FR/J/3, FR/J/5, FR/J/6)

7

L 2 (FR/L/1, FR/L/2)

2 (FR/L/3, FR/L/4)

4

The statement according to which “When people fall victim to violent crime they can legitimately

expect that the police conduct a thorough investigation with a view to identifying offender” draws

the agreement of all the professionals questioned.

Two remarks made by professionals can be underlined. On the one hand, for the police to

investigate thoroughly, it is stil necessary for the victim to be convincing and credible (that is to say

not making whimsical complaints each week, and not presenting the police with an erroneous and

contradictory account - FR/L/3). On the other hand, a serious and thorough investigation can be

expected by all victims, not only victims of serious offences (FR/J/4); and all the more so if the

offences are flagrant (FR/J/5).

FR/L/3: “The attitude of the victim can be important in the decision of the police to investigate. The

victim must be credible in their statements and avoid certain pitfalls: for example, going every week

to the police station to report offences, or giving the police an erroneous and/or contradictory

account”.

4.2. Views of victims

42

4.2.1. According to the interviewed victims, what was the outcome of criminal proceedings in terms

of offenders being convicted, of sanctions imposed and of compensation being awarded

(Question V 4.1)?

Necessarily, depending on the offences, the victims, and the attackers, the outcome of

the criminal proceedings varies:

For some, the procedure is still in progress (FR/V/3, FR/V/5, FR/V/8, FR/V/11, FR/V/12),

with the accused possibly being placed in provisional detention while waiting for the criminal

court hearing (FR/V/3, FR/V/10).

For some, the procedure ends without legal proceedings because of a decision not to

prosecute (classement sans suite) (FR/V/2). On occasions, a discontinuation of

proceedings (classement sans suite) occurs under conditions; as such, a violent

husband could be the subject of a warning (form of admonition) and of a ban on approaching

the victim (FR/V/9).

This type of decision, particularly the closure of the case, can be difficult for the victim who

may not have the courage to continue their legal battle, in particular when lodging a complaint

as civil party (FR/V/2).

Sentences vary. A violent husband may be sentenced to community service and given a

warning (FR/V/1) or a fine (FR/V/7). Perpetrators of violence leading to a total incapacity to

work have been sentenced to prison terms (FR/V/4, FR/V/6).

On compensation, this may not be granted within the framework of the criminal proceedings,

but later on. As such, following the criminal proceedings, one lawyer who worked on the

divorce proceedings of a victim proceeded with the request for compensation (FR/V/1).

Conversely, sometimes compensation is non-existent (FR/V/9).

4.2.2. Do interviewees assess the outcome of the proceedings as appropriate and satisfactory?

What were their observations and the reasons they gave to support their assessments

(Question V 4.2)?

Some victims may be disappointed with the legal procedure (FR/V/7). Either because there

was no trial (FR/V/2), or because the punishment pronounced by the criminal justice system

for the perpetrator of the offence is insufficient (FR/V/1, FR/V/4, FR/V/9). The victim may

consequently feel they have not been taken into account. As such, one victim reports that the

procedure lasted seven years and that her attacker was sentenced to five years' prison of

which three were suspended, but he was released after only six months in prison (FR/V/4).

For the procedures in progress, the victims may expect a severe response from the

justice system with regard to their attacker (FR/V/3, FR/V/10). As such, one victim hopes that

her attacker will be jailed for life (FR/V/3).

43

4.2.3. As concerns interviewees who found the outcome of proceedings at the court of first

instance not satisfactory, were they informed of any means to challenge the decision taken

by the court of first instance (Question V 4.3)?

Despite a decision considered to be inadequate, victims may not have appealed. In

particular because the victim, without lawyer, may not be informed of this possibility (FR/V/1,

FR/V/8). Sometimes, although they are informed of this possibility to appeal (FR/V/9), the

victim preferred not to appeal because the procedure had already been long and testing

(FR/V/4), or because the victim's lawyer advised against appealing (FR/V/7).

4.2.4. How did the interviewees assess their own influence on the outcome of the proceedings

(Question V 4.4)?

On the influence of the victim on the outcome of the proceedings, the positions of victims may

be diametrically opposed.

Certain victims feel they were listened to and that what they said was taken into account

well in the criminal proceedings, and in determining the decision (FR/V/3, FR/V/5, FR/V/10).

Conversely, other victims feel that their role had no effect in the criminal proceedings

and in determining the final decision on conviction and sentencing (FR/V/1, FR/V/4,

FR/V/6, FR/V/7, FR/V/8), and the victim feels they were not listened to (FR/V/7).

FR/V/4: "I had no role, I did not feel listened to."

One victim even states that her legal action was “negative”. She thinks that she possibly

lodged a complaint too soon: she was tired and still in shock; consequently, the police tended

not to listen attentively to the offences reported, even “to defend” the accused (FR/V/2).

“I have the impression that the judicial police department rather took the side of the attacker”

(FR/V/2).

4.2.5. How did the interviewees assess the manner in which the police investigation was carried

out; was it

a) thorough and effective?

b) timely and efficient?

c) Any other observations (Question V 4.5)?

Certain victims underline the effectiveness of the investigation (FR/V/3, FR/V/5), in particular the

rapid arrest of the attackers (FR/V/3, FR/V/5). One victim reports an effective investigation but which

took the police a long time; yet, while waiting for the arrest of her attacker, the victim and her family

lived in fear (FR/V/10).

Certain victims criticise investigations which were too brief and too hasty and which are not

thorough enough (FR/V/1) or are even unsatisfactory (FR/V/6); the police may therefore be

satisfied with simple neighbourhood enquiries, or only question close friends and family (FR/V/9).

This speed can be seen as haste. This haste is sometimes partial: with the police reproaching the

44

victim or the police concentrating on evidence which is not favourable to the victim (FR/V/2). The

victim may feel that what they say is called into question (FR/V/8).

Before the investigation, one victim stresses that the police refused her complaint and even refused

to attend her home when she telephoned to ask for the police to come (FR/V/7).

Lastly, between these positions, one victim stated not to have known of the effectiveness of the

investigation or what the police achieved. In effect, the attacker went to the police himself and with

the victim being hospitalized she was not informed of the investigations carried out (FR/V/4).

4.2.6. To what extent did the interviewed victims agree to the following statements (Question

V 4.6)?

Strongly agree

Rather agree

Rather disagree

Strongly disagree

Don’t know TOTAL

4.2.6.1 Overall, I would have expected to be given a more important role in the proceedings.

3 (FR/V/1, FR/V/4, FR/V/9)

5 (FR/V/6, FR/V/7, FR/V/8,

FR/V/11, FR/V/12)

4 (FR/V/2, FR/V/3, FR/V/5,

FR/V/10)

12

4.2.6.2 The police appeared to be committed to an effective investigation.

4 (FR/V/3, FR/V/5,

FR/V/10, FR/V/12)

4 (FR/V/2, FR/V/4, FR/V/6, FR/V/9)

3 (FR/V/1, FR/V/7, FR/V/8)

1

(FR/V/11)

12

As a whole, the victim expected to have a more important role in the procedure.

This assertion divides the opinions of victims.

It should be noted that the majority of victims of offences other than domestic offences state that

they did not expect a more important role in the criminal proceedings (FR/V/2, FR/V/3, FR/V/5,

FR/V/10).

On the other hand, certain victims expected to play a more important part in the procedure. As

such, one victim wanted the police to inform her of the development of the case, and of the

progress of the procedure, but she never received any news after lodging the complaint; nor did

her lawyer explain the progress of the procedure to her (FR/V/4).

45

The police seemed to engage in an effective investigation.

On the effectiveness of the investigation, the opinion of victims is rather negative. One

victim notes that although the police showed that they were carrying out the investigation, at the

same time they shed doubts on the charges brought by the victim, and they questioned someone

close to her to ask them about their feelings about the victim's report and accusation of rape

(FR/V/2). Similarly, one victim feels that the effectiveness of the investigation is also about offering

support and protection to the victim, but such was not case (FR/V/9).

On the other hand, it should be noted that the majority of victims of offences other than domestic

offences feel that the police investigation was managed effectively (FR/V/3, FR/V/5, FR/V/10,

FR/V/12)

5. Victims’ active participation

5.1. Views of practitioners

5.1.1. According to the interviewed practitioners, are victims heard during the proceedings at

important stages or before decisions are taken (Question Pr 5.1)?

Within the Code of Criminal Procedure, there does not exist any outline for seeing

victims. The victim is not seen at certain particular stages of the criminal proceedings

(FR/P/5, FR/J/3, FR/L/4, FR/S/2).

Nevertheless, in reality, the logic of the investigation and the criminal proceedings supposes

seeing the victim at certain phases of the investigation (FR/J/2, FR/J/6).

As such, the victim is interviewed when they lodge a complaint. The victim may be seen again

at the time of the investigation, if the investigations justify this (FR/P/1, FR/P/2, FR/P/3, FR/L/3,

FR/J/1, FR/J/2, FR/S/3), in particular to obtain details on the particulars of their statement;

also, a possible police meeting between the accused and the victim may be held (FR/L/1,

FR/L/2, FR/L/3, FR/J/2, FR/J/6, FR/J/7, FR/S/2, FR/S/4). If the Public Prosecutor considers it

useful, they may see the victim again before making a decision on the appropriateness of

prosecuting (FR/P/3). If a preparatory investigation is opened, the investigating judge sees

the victim again (FR/L/1, FR/L/3, FR/J/2, FR/J/5); a police meeting between the accused and

the victim may be held (in particular if this was not done at the time of the investigation).

Finally, the victim is heard at the trial (FR/L/3, FR/J/2).

5.1.2. During the investigation, are victims entitled to ask that relevant evidence is secured

(Question Pr 5.2)?

At the time of the investigation, the victim can ask the police to collect and secure a

piece of evidence that the victim considers relevant (FR/P/2, FR/P/3, FR/P/5, FR/L/1,

FR/L/2, FR/L/3, FR/L/4, FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/S/1, FR/S/2,

FR/S/3, FR/S/4).

46

Yet this is only a request from the victim; the victim cannot demand this. The investigator

(the police or the Public Prosecutor, or the investigating judge if a judicial investigation is

opened) is not held to grant this (FR/P/1, FR/L/1, FR/L/4, FR/J/1, FR/J/2, FR/J/3, FR/J/4,

FR/J/5, FR/S/2, FR/S/3, FR/S/5). If the investigator considers this request useful for the

investigation, in accordance with the rules of the Code of Criminal Procedure, the object

identified by the victim is retrieved to be used as an evidence exhibit. But if the investigator

believes that seizing such an object is without interest for the investigation, they do not

proceed with this (FR/P/2, FR/P/3, FR/L/1, FR/L/3, FR/J/1).

FR/P/2: “If the victim provides something that the investigator judges of no use to the

investigation, they do not take it into account. On the contrary, if the victim provides evidence

which is interesting for the investigation, the police will take steps to obtain it”.

FR-L-1: “The victim can request procedural acts during the procedure. Then, the investigator

decides to proceed with this or not”.

FR/L/3: “The victim can request that the police obtain evidence. If the investigator finds that

this may have a link with the procedure, they proceed with this”.

If an investigation is opened, the victim can ask the investigating judge for procedural actions

to be carried out, but the judge can also refuse if s/he considers the action (seizing evidence)

is not relevant to the progress of the investigation; the investigating judge must then justify a

refusal to proceed with the action requested by the victim (FR/J/5).

5.1.3. Are victims entitled, during court trial, to call for any evidence they view as relevant

(Question Pr 5.3)?

The victim can request, at the time of the trial, that evidence be obtained, in particular

under the principle of freedom of evidence. It is the judge who makes the decision and who

ultimately adjourns the hearing for the time nevessary to obtain the evidence requested and

for the opposing party to be able, under the adversarial principle, to discuss or challenge this

(FR/P/4, FR/L/1, FR/L/3, FR/J/1, FR/J/2, FR/J/5, FR/J/7, FR/S/1, FR/S/3, FR/S/4).

Nevertheless, such a situation is not very common. On the one hand, with the police and

the Public Prosecutor having carried out the investigation, they present the judge with all the

relevant evidence. On the other hand, the victim can, before the hearing, ask for evidence;

particularly if the hearing was preceded by a preparatory investigation (FR/L/2, FR/L/4, FR/J/1,

FR/J/4, FR/S/5).

5.1.4. According to the interviewed practitioners, are victims entitled, during court trial, to ask

questions or have questions being put to witnesses (Question Pr 5.4)?

The President of the ruling court conducts the hearing. For this reason, it is the

President of the ruling court who manages contributions in the courtroom. If the victim

wishes to question a witness or the accused, they put the question to the President who then

questions that person. In this manner, the President of the court can reformulate a question

which deviates too far from the events or breaches human dignity. The victim can never

47

question a witness directly. Generally, it is the victim's lawyer who asks the President of the

court for a question to be put to a witness. Certain Court Presidents allow legal professionals

to directly put their questions to witnesses or the accused. But this applies only for legal

professionals and not for the victim (FR/L/1, FR/L/2, FR/L/3, FR/L/4, FR/J/1, FR/J/2, FR/J/3,

FR/J/4, FR/J/5, FR/J/6, FR/S/2, FR/S/3, FR/S/4).

5.1.5. Which safeguards are implemented, if any, ensuring that victims’ participation in

proceedings is not impeded or rendered impossible by the victim’s irregular status of

residence (Question Pr 5.5)?

A person in an irregular situation should benefit from the same treatment, the same type of

investigation, and the same benefits from the investigation as any other victim. Normally,

criminal law considers that any offence committed on French soil must be treated in

the same manner whatever the status of the victim (foreigner, migrant in an irregular

situation) (FR/P/2, FR/P/3, FR/L/1, FR/J/2, FR/S/4).

A person in an irregular situation who is a victim can remain in the country to participate in the

procedure. The Prefecture gives the victim a provisional residence permit enabling them to

remain in the country to participate in the procedure (FR/L/2, FR/J/1, FR/J/4, FR/J/5, FR/J/6,

FR/S/2). The Prefecture is linked in if there are court proceedings (not simply an investigation),

that is to say that the person in an irregular situation must be able to remain in the country.

Court proceedings are required because a situation must not arise where a person in an

irregular situation abuses the situation by claiming to be a victim in order to remain in the

country. Attempts to manipulate the justice system exist (FR/J/2).

5.1.6. To what extent did the interviewed practitioners, divided by professional groups, agree to the

following statement (Question Pr 5.6)?

Victims should be offered more opportunities to actively participate in the proceedings.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 2 (FR/S/1, FR/S/5)

1 (FR/S/2)

1 (FR/S/3)

1 (FR/S/4)

5

P

2 (FR/P/4, FR/P/5)

2 (FR/P/2, FR/P/3)

1 (FR/P/1)

5

J

1 (FR/J/6)

6 (FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/7)

7

48

L 1 (FR/L/4)

3 (FR/L/1, FR/L/2, FR/L/3)

4

The majority of legal professionals, particularly lawyers and magistrates, do not agree that

victims should have more opportunities to take an active part in the criminal proceedings, only

the representatives of associations and the police are divided on this proposal. The professionals

questioned think that in this respect the law is satisfactory (FR/L/1, FR/L/2, FR/L3, FR/J/2, FR/J/5,

FR/P/1, FR/P/2, FR/P/3). Granting more rights to the victim would not correspond to the logic of French

criminal proceedings which supposes a principal of opposition between the charge and defence (it would

be not very judicious to allow the victim the right to appeal the criminal provisions of the decision), and

which gives significant power to the judge in the control of the investigation and hearing (FR/J/3, FR/S/3).

Moreover, the adversarial principle supposes equal treatment of the parties in criminal proceedings;

increasing the rights of one party should not be done to the detriment of another party (FR/J/4).

FR/L/1: “I think that victims participate sufficiently in criminal proceedings”.

FR/L/2: “There are sufficient opportunities for the victim to participate in the procedure. At the present

time, the victim cannot challenge a discharge or an acquittal, so affecting the public action; it is the main

thing which they cannot do. That is the role of the Public Ministry, it is not helpful to allow the victim the

possibility of challenging a decision on the public action”.

FR/L/3: “The victim already has sufficient opportunities to participate in criminal proceedings. Granting

more opportunities to participate in criminal proceedings would be going more towards a show than

towards the quality of justice”.

FR/P/2: “In the current state of the law, there are stages of hearings when the victim can actively

participate. That seems sufficient to me”.

FR/J/2: “There are already a certain number of things allowing the victim to participate in the procedure.

What is lacking, especially for the victim, is knowledge of their rights and not exercising them. The victim

already has quite a lot of rights in criminal proceedings”.

FR/J3: “Should our French procedure be changed to move towards an accusatory system which would

give all its purpose to the victim? But that is not the French system […] which has a mixed procedure:

we grant rights in respect of the observance of the adversarial nature of proceedings, but it is the Public

Prosecutor who carries out the investigation”.

FR/J/4: “In the current state of the law which includes the adversarial principle, the victim should have

as many rights as the defence, but not more, if not the procedure is imbalanced”.

5.2. Views of victims

5.2.1. According to the victims interviewed, were they heard during the proceedings at important

stages or before decisions were taken (Question V 5.1)?

49

According to victims, there are no meetings held at key moments of the procedure

(FR/V/6). The victim is seen only right at the beginning of the procedure, when they lodge a

complaint (FR/V/1, FR/V/3, FR/V/4, FR/V/5, FR/V/7, FR/V/9); this first meeting may possibly

take place at the hospital if the violence required hospitalization (FR/V/10). The victim may

also be seen at the time of a police meeting between the accused and the victim, if there is

such a meeting, and if the victim accepts a police meeting between the accused and the victim

(as this can be a painful moment) (FR/V/2, FR/V/3, FR/V/8, FR/V/10). Sometimes the police

may contact the victim to ask whether they can identify a certain person who has been

arrested (FR/V/5), to specify certain facts or to take part in a reconstruction of the offence

(FR/V/8).

The victims affected by the terrorist act were invited to a meeting with the judges who informed

them of their rights in the procedure as civil parties, the victims had time to speak to put

questions (FR/V/11, FR/V/12).

5.2.2. During the investigation, were the interviewees informed that they could ask for the evidence

they considered relevant to be secured (Question V 5.2)?

The majority of victims are not informed of the right to ask for the protection of information or

a relevant object (FR/V/1, FR/V/2, FR/V/4, FR/V/6, FR/V/7, FR/V/9, FR/V/11). Nevertheless,

certain victims say they were informed of this right (FR/V/3, FR/V/5), in particular by a lawyer

(FR/V/8).

As a corollary, certain victims reported that they had gone on their own initiative to the doctor

to obtain a medical certificate for the injuries suffered. The police had not advised them to take

such a step (FR/V/1, FR/V/7).

5.2.3. During court trial, were the interviewees informed that they could call for any evidence that

they considered relevant (Question V 5.3)?

At the time of the hearing, in the main victims say they were not informed of their right to call

upon any relevant evidence (FR/V/1, FR/V/4, FR/V/7, FR/V/8).

5.2.4. During court trial, were the interviewees informed that they could ask questions or have

questions being put to witnesses (Question V 5.4)?

At the time of the trial, victims are not informed of their right to put questions or have

questions put to a witness (FR/V/1, FR/V/3, FR/V/4, FR/V/7, FR/V/8). One of the victims

affected by the terrorist act was informed of this right during the meeting between the judges

and the civil parties (FR/V/12).

50

5.2.5. To what extent did the interviewed victims agree to the following statement (Question

V 5.5)?

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

Overall, I would have liked to have more opportunities to be involved in the proceedings. 2 (FR/V/1,

FR/V/7)

6 (FR/V/4, FR/V/6, FR/V/8, FR/V/9, FR/V/10, FR/V/12)

3 (FR/V/2, FR/V/3, FR/V/5)

1 (FR/V/11)

12

Please provide an analysis and your own interpretation of the results:

As a whole, victims would have liked to have more opportunities to be involved in the criminal

proceedings.

In the main, victims responded in the affirmative. They expected the police and judicial institutions to

accord them a more important place so as to involve them more in the decision-making process.

6. Protection against secondary victimization

6.1. Views of practitioners

6.1.1. According to the practitioners interviewed, do the police on an individual basis assess

whether measures need to be adopted in order to protect a victim of violent crime against

secondary victimisation (Question Pr 6.1)?

Police and judicial institutions are expected to assess secondary victimisation (FR/J/2,

FR/J/5).

However, due to a lack of time and resources, the police do not carry out an individual assessment

of the measures which should be adopted to protect the victim from secondary victimisation, or do

so inadequately (FR/P/5, FR/L/1, FR/L/2, FR/L/4, FR/J/2, FR/J/5, FR/J/6, FR/S/2, FR/S/3, FR/S/5);

they may, moreover, ask associations or an expert to proceed with this (FR/J/5, FR/S/1). The

assessment of the need to adopt measures in order to protect the victim depends on the individual

psychological approach of each investigator, who will be more or less sensitive to the suffering of

the victim, and this will vary according to the seriousness of the offence and the personality of victim

(FR/P/2, FR/L/3). However, certain investigators are not interested in such a role or do not have

adequate training in this respect (FR/J/2).

FR/J/2: “According to a European Directive, it is necessary to prevent secondary victimisation. It is

the police who take the initiative in the determination of a risk of secondary victimisation. On a day-

to-day level, do the police have the resources, when one sees their workload? In addition, they are

51

not trained for that. I would say that depending on the state of the local police or gendarmerie

services, their workload, the individual motivation of such and such a judicial police officer or agent,

you will have very different responses […]. This determination of the risk of secondary victimisation

must be accompanied by better training of professionals”.

Of course, the police do their best to take into account the situation of the victim and to avoid them

facing the risk of secondary victimisation (FR/J/6). Nevertheless, sometimes the constraints of the

investigation compel the police to confront the victim with a difficult situation (FR/P/2). In this sense,

if the investigator needs to ask new questions, go back over certain statements or go further into

certain points, the investigator will do so, because this is necessary for the investigation. In this

respect, there is no consideration of secondary victimisation (FR/J/1). Nevertheless, before

interviewing the victim, the investigator explains to them that such an interview may be difficult, and

that it is possible to take breaks. However, there are questions which the investigator must put; these

questions can be uncomfortable, but they have to be asked (FR/J/1).

6.1.2. According to interviewees, are measures adopted routinely in order to avoid that the victim is

confronted with the offender

a) in the court building during the trial or

b) at other occasions (e.g. an identity parade or the recording of the victim’s statement;

Question Pr 6.2)?

Throughout the criminal proceedings provisions are made to protect the victim against the risk of

secondary victimisation (FR/P/4, FR/P/5, FR/L/3). Nevertheless, it is possible to criticise the non-

systematic nature of these (FR/S/3) and the fact that there are no measures imposed by the law to

avoid secondary victimisation (FR/L/1, FR/L/4).

FR/L/1: “No measure is imposed by the law to prevent the victim encountering the attacker. In

addition, the police work on the principle that a police meeting with the victim and the accused is

necessary at a given moment. They ask the victim if they agree with this police meeting with the

victim and the accused, but it remains a difficult time for them. A police meeting with the victim and

the attacker is almost an obligatory step”.

At the investigation phase the police avoid calling the victim in on multiple occasions. The police

call a victim in if it is useful for the investigation, in particular if the victim has to clarify certain points

of their initial statement (FR/J/2). Moreover, when the police see the victim they must do everything

possible for the victim to be seen in a separate office, with the door closed to ensure the

confidentiality of the victim's statement and to facilitate discussions (FR/J/1).

The police also do not call in the victim and the accused at the same time, in order to avoid them

meeting (FR/P/1, FR/P/2, FR/P/5, FR/J/2, FR/J/7, FR/S/5). Except if a police meeting between the

accused and the victim is necessary because, when a legal procedural act is necessary, the police

must carry it out Unless an investigative act which consists of a police meeting with the victim and

the accused is necessary. Since the procedural act of a police meeting with the victim and the

accused supposes the presence of the attacker and the victim, they have to be brought together. If

the police think that a police meeting with the victim and the accused is necessary, they proceed

with this, unless the victim refuses (particularly if it would be too painful for them) (FR/P/5, FR/L/1,

FR/L/2, FR/J/1, FR/S/2). In the event of a police meeting between the accused and the victim, the

investigator will be able to prepare the victim, to reassure them (FR/L/1). The investigator can also

52

use a video-link, avoiding the victim and the attacker being in the same room, however a lack of

resources makes the implementation of this system difficult (FR/J/2). Lastly, the investigator may

employ the practice consisting in not having the victim and accused sat next to each other, but sitting

the victim behind and not allowing the accused to turn around; as such, the victim does not see the

face of their attacker; this can be less testing for her (FR/J/1).

FR/J/1: “The police can take measures to avoid an encounter of the victim and their attacker. For

example, the taking of the complaint can be carried out in a closed office and not leaving the door

open on to the waiting room. Another example: during a police meeting with the victim and the

accused, not making the victim and their attacker sit side by side, but sitting the victim behind while

clearly telling the attacker that they should not turn around because they could cast the victim a

threatening glance. Such a police meeting with the victim and the accused remains difficult for the

victim, in particular because the attacker can continue to deny the allegations, this is why it is

necessary, moreover, to prepare the victim beforehand”.

Within the law courts protecting the victim against the risk of secondary victimisation proves more

difficult. Indeed, the time of the trial is when all those related to the case find themselves together

(FR/L/3, FR/J/3). Therefore, in the courtroom, the victim will necessarily be confronted with their

attacker (FR/P/2, FR/J/3). Either the defendant appears in a box, when they will be distanced from

the victim, or the defendant appears freely and consequently the legal authorities and lawyers

prevent the defendant and the victim coming into contact (FR/J/4). To avoid the victim being close

to their attacker, they can take a seat in the front rows of the courtroom with the accused taking a

seat at the back of the courtroom (FR/S/2). Moreover, with the President of the court controlling the

hearing, they can order the accused to leave at certain moments of the hearing (at the time of the

victim's statement, for example) (FR/L/3).

At the hearing there also exists a risk of contact between the victim and the accused (when the

accused appears freely) and their respective friends or families at the entrance to the Law courts or

in the corridors of the Law courts (FR/L/2, FR/J/7). Such a risk cannot be avoided. Although it is

possible for the President of the Court to ask for an escort to protect victim (FR/L/3), the legal

authorities do not have the resources to offer every victim a police escort to prevent them from

encountering their attacker, or to prevent the accused from giving the victim a threatening look.

Thus, few measures are implemented within the Law courts to avoid secondary victimisation

(FR/J/5). The presence of the victim's lawyer or a member of a victim support association at the

victim's side makes it possible to limit such a risk of secondary victimisation (FR/J/2, FR/J/6). Or,

the lawyer or the victim support association may give advice to the victim: to come to the court a

little earlier so as not to cross paths with their attacker, to report to the President of the court any

pressure which the victim has been subjected to by their attacker or the attacker's friends or family

(FR/J/1).

FR/L/2: “Before the trial an unwanted encounter between the attacker and the victim is possible.

Such is the case in particular for criminal matters. There are no specific measures to avoid an

encounter. On the other hand, if the attacker is in custody when they appear, they enter the

courtroom by another entrance so no contact is possible”.

FR/J/7: “At the trial, no measures exist to protect the victim. One often finds victims and attackers

as well as their families who encounter each other before the trial”.

FR/L/3: “At the trial, there are not enough measures to protect the victim from an encounter with the

attacker. The trial supposes at least visual contact with the attacker. The only possible measure: the

President of the court, who rules over the trial, asks the accused to leave the room so that part of

53

the procedure is held without him. Another measure would consist in calling upon the police who

could escort the victim; that would avoid me encounters between the families of the victim and the

attacker”.

FR/J/2: “To limit the risk of the perpetrator of the offence and the victim encountering each other at

the trial, there may exist certain measures. For example, the use of the video links allowing for the

victim to give evidence in another room than the perpetrator. They are interesting options, but you

need the means to implement them”.

FR/J/1: “Measures can be taken at the time of the trial to avoid an encounter between the attacker

and the victim. If the attacker is in custody at the time of the trial, there is not a problem since they

enter the court by another entrance than the victim. When the accused appears freely, the lawyer of

the victim may be careful that the victim does not encounter the attacker. It is also possible to

summons the victim and the attacker at different times to prevent them meeting in the law courts.

But, we are not going to be able to provide a police escort for the victim or to monitor the accused

so as to avoid an encounter. The victim should report any act of pressure from the attacker or the

attacker's friends or family. This type of intimidation of the victim by the perpetrator goes

considerably against the perpetrator because their actions will be dealt with in the procedure".

Conversely, if the accused appears handcuffed, they do not take the same route to court as the

victim and so there is no risk of them meeting (FR/L/2, FR/J/1).

6.1.3. According to interviewees, do victims have a right to ask to be interviewed by or through a

professional trained for that purpose (Question Pr 6.3)?

The victim does not have a right to be questioned by a person who is specially trained

to take different types of statement depending on the offence (FR/L/1, FR/L/4, FR/J/1,

FR/J/6, FR/J/7); it should be noted that certain professionals offer a contrary opinion (see

FR/S/4, FR/S/5). For example, for domestic violence, in certain police stations or gendarmerie

brigades there are domestic violence referents specially trained for this type of offence, and

so to receive complaints from victims. But certain Police stations or Gendarmerie brigades do

not have these (FR/P/1, FR/P/5, FR/L/2, FR/L/3) or the person who is the referent is absent

or attending elsewhere on the day when the victim goes (FR/J/1, FR/J/2). In this case, the

victim is seen by a member of the police who, although not necessarily trained in domestic

violence, is trained to receive complaints from all victims (FR/P/3, FR/J/2, FR/J/3, FR/S/3).

Only child victims are seen by specially trained people (FR/P/2, FR/L/3, FR/J/2, FR/J/3,

FR/J/5).

6.1.4. Can victims ask to be interviewed before the court trial and to have their statement audio-

video recorded and played during the court trial (Question Pr 6.4)?

Audio and video recordings of statements is only provided for by the Code of Criminal

Procedure for child victims. An adult victim cannot benefit from such a recording of their

statement (FR/P/1, FR/P/2, FR/P/3, FR/P/4, FR/P/5, FR/L/1, FR/L/2, FR/L/3, FR/L/4, FR/J/1,

FR/J/2, FR/J/3, FR/J/6, FR/J/7, FR/S/1, FR/S/2, FR/S/3, FR/S/4, FR/S/5).

54

6.1.5. According to the interviewed practitioners, do victims have a right to ask, during the court

trial, to be heard without the presence of the public (Question Pr 6.5)

As is the case for the accused, the victim has the right to request a closed hearing, therefore

allowing the victim to be questioned at the trial without the presence of the public. In order to

do this, the victim must make a request for a closed hearing through their lawyer, and this

request has to be accepted by the judge after consultation with the Public Prosecutor and the

defence (FR/L/2, FR/L/3, FR/L/4, FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/S/2,

FR/S/3, FR/S/4). For rape or offences related to morals (mœurs), a closed hearing is

automatic if the victim requests it (FR/J/3, FR/J/4, FR/J/5).

For minors, the closed hearing occurs as of right, that is to say automatically: it is not subject

to a decision on a closed hearing from the judge (FR/P/5, FR/L/1, FR/L/3, FR/S/3).

6.1.6. According to the interviewees, do victims of sexual or gender-based violence have a right to

ask that they are interviewed by a person of their sex (Question Pr 6.6)?

A victim of domestic violence or sexual violence does not have the right to be heard by

a person of the same sex (FR/L/1, FR/L/2, FR/L/3, FR/L/4, FR/J/4, FR/J/5, FR/S/2).

Recommendations from public authorities are provided on this, but it is not a right. The

victim can thus make a request to be seen by a person of the same sex, but it is not a right

(FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/S/1, FR/S/3, FR/S/4, FR/S/5).

Problems of resources are an obstacle to recognising being seen by a person of the same

sex as a right. Indeed, if such were the case, it would be necessary to ensure the continuous

presence of at least one female officer in all police and gendarmerie stations.

However, in practice, the police try to ensure that a victim who requests it can be seen by a

person of the same sex (FR/P/1, FR/P/2, FR/P/3, FR/P/4, FR/P/5, FR/J/3, FR/J/5, FR/J/7)

It is not always possible to meet such a request from the victim. In effect, although there are

more and more women in the police, these may be on leave, on days off, or attending an

incident. Consequently, either the victim is seen by a person of the opposite sex, or they have

to return to the police or gendarmerie station at a later date (FR/P/1, FR/L/2, FR/L/3, FR/J/2).

Within the framework of a preparatory investigation the victim is questioned by the magistrate

who is overseeing the case; the victim cannot ask to be questioned by an investigating judge

of the same sex: you cannot choose your judge (FR/J/5).

6.1.7. From their practical experience, did the interviewed practitioners believe that restraint is

exercised ensuring that victims are not asked questions about their private or family life

unless necessary (Question Pr 6.7)?

Investigators take care not to ask questions which encroach on the private life of the

victim, they have a duty to discretion with respect to the victim. However, on occasions, the

investigation of certain offences (in particular for sexual violence) requires questions which

are intimate, concerning private life or sex life (FR/P/1, FR/P/3, FR/P/4, FR/J/3, FR/J/4,

55

FR/S/2, FR/S/5). If these questions are useful for the investigation, the police must ask

them (FR/L/1, FR/L/2, FR/L/3, FR/L/4, FR/J/1, FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/J/7,

FR/S/4). If such questions have to be asked, the police take care not to rush the victim, to be

diplomatic with the questioning (FR/P/2, FR/J/6) as such questions, and their repetitive nature,

can be troublesome for victims (FR/S/3). The police are trained to question the victim, possibly

on questions concerning their private life, by employing the precautions necessary to protect

the victim (FR/J/2).

Additionally, not asking every question so as to protect the victim can be counterproductive: if

during the interviewing of the victim certain questions are not put or are asked badly, the case

may “collapse” in the later phases of the procedure because certain elements will not have

been advanced during interview, so investigations will not have been carried out on these

elements (FR/J/5).

FR/J/5: “It is necessary to ask all the questions to victims, including those which are

uncomfortable. The police have a duty of delicacy. But all the questions should be asked.

There is nothing worse than a botched interview where the judicial police officer, although in

good faith, did not want to ask all the right questions and which will lead to something which

collapses during the investigation or the trial. You see that effectively the questions were too

evasive or vague; the contradictions did not appear, but, they appear during the investigation

or the trial and it collapses. So, the victim suffers the consequence of an acquittal because

the interview was not done well”.

6.1.8. According to interviewees, can victims be subjected to a medical examination without their

free consent (Question Pr 6.8)?

For certain offences, a medical examination of the victim can be useful for the police

investigation; it makes it possible to show the physical suffering of the victim or confirm a

sexual assault. Nevertheless, the victim can never undergo a medical examination if they

do not consent to it (FR/P/1, FR/P/2, FR/P/3, FR/P/4, FR/P/5, FR/L/1, FR/L/2, FR/L/3,

FR/L/4, FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/J/7, FR/S/1, FR/S/2, FR/S/3,

FR/S/4).

The only possibility of a medical examination of the victim without their consent it is if their life

in danger and emergency medical treatment is necessary while the victim is not in a position

to give their consent (FR/J/5).

56

6.1.9. Did the interviewees agree to the following statements (Question Pr 6.9)?

6.1.9.1 The police attach great importance to treating victims in a respectful and sympathetic manner.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S

3 (FR/S/1, FR/S/3, FR/S/4)

2 (FR/S/2, FR/S/5)

5

P 2

(FR/P/1, FR/P/5)

3 (FR/P/2, FR/P/3, FR/P/4)

5

J

5 (FR/J/1, FR/J/2, FR/J/4, FR/J/6, FR/J/7)

2 (FR/J/3,

FR/J/5) 7

L

3 (FR/L/1, FR/L/3, FR/L/4)

1 (FR/L/2)

4

6.1.9.2. The police perceive the victim primarily as a witness and hence as a means to the end of a successful investigation.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S

3 (FR/S/1, FR/S/3, FR/S/4)

2 (FR/S/2, FR/S/5)

5

P

5 (FR/P/1, FR/P/2, FR/P/3, FR/P/4, FR/P/5)

5

J

4 (FR/J/1, FR/J/4, FR/J/6, FR/J/7)

2 (FR/J/2, FR/J/5)

1

(FR/J/3) 7

L 2 (FR/L/3, FR/L/4)

1 (FR/L/2)

1 (FR/L/1)

4

57

6.1.9.3. Public Prosecutors and judges attach great importance to treating victims in a respectful and sympathetic manner.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 1

(FR/S/3) 1

(FR/S/1)

3 (FR/S/2, FR/S/4, FR/S/5)

5

P 2

(FR/P/1, FR/P/5)

3 (FR/P/2, FR/P/3, FR/P/4)

5

J

7 (FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/J/7)

7

L

2 (FR/L/1, FR/L/4)

1 (FR/L/3)

1

(FR/L/2) 4

6.1.9.4. Public Prosecutors and judges don’t see the victim as playing a central role in criminal proceedings.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 1

(FR/S/1)

3 (FR/S/3, FR/S/4, FR/S/5)

1 (FR/S/2)

5

P

1 (FR/P/5)

2 (FR/P/1, FR/P/2)

2

(FR/P/3, FR/P/4)

5

J

6 (FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/7)

1 (FR/J/6)

7

L

2 (FR/L/1, FR/L/3)

2 (FR/L/2, FR/L/4)

4

Please provide an analysis and your own interpretation of the results:

58

The police attach a great deal of importance to treating victims respectfully. The majority of the

professionals met agree with this assertion (see FR/J/1, FR/J/6, FR/L/1, FR/L/3, FR/L/4, FR/S/1,

FR/S/3, FR/S/4). Although such was not necessarily the case a few years ago, nowadays police

treatment of victims has improved (FR/J/4). However, progress can still be made on the matter; it would

be possible to consider better training for the police concerning the treatment of victims (FR/J/2), and to

increase resources to avoid victims waiting too long to lodge a complaint (FR/L/2). Therefore, it is

possible to consider that the law is satisfactory as it requires respectful treatment of victims by the police,

but implementation of the law may present certain issues (FR/J/5).

The police see the victim first as a key witness in the investigation. On this proposition, the

opinions of professionals are divided. Members of the police feel that beyond being a witness the

victim is seen as a person having suffered (see FR/J/2, FR/L/1).

FR/J/2: “In terms of police effectiveness, what interests the police officer is what makes it possible to

solve the case. But you cannot say that the police officer has a heart of stone. It depends on the police

officers. Some will look for things for their investigation, others will listen more”.

FR/L/1: “I do not think that the police see the victim only as a witness. The police see the victim as

somebody who is entitled to compensation”.

Although according to other professionals, the police see the victim above all as the starting point of

investigations (FR/J/1, FR/J/4, FR/L/2, FR/L/3, FR/L/4, FR/S/1, FR/S/3, FR/S/4).

FR/J/1: “The police see the victim as a witness above all. The victim is the one who allows you 'to unravel

the ball of wool' to get to the perpetrator”.

FR/J/4: “The police see the victim as a witness. Because the victim's statement, and the details which it

provides will be useful for the course of the investigation”.

FR/L/2: “The police see the victim as a witness and then as a victim”.

FR/L/3: "The victim is an essential key in conducting the investigation. Without a victim, no witness,

therefore no relating of the events. So, without a victim, you grope around in the investigation”.

Magistrates attach a great deal of importance to treating victims respectfully. Although such a

respectful attitude can be subjective and depend on the magistrate (FR/L/2), the majority of the

professionals met agree with this assertion, however members of associations are divided on this.

Moreover, the ethics for magistrates require them to treat all citizens with respect (FR/J/4). It should be

noted however that the magistrate can sometimes appear distant to the victim: the magistrate is above

all a legal specialist who must remain neutral, which may explain this feeling of distance (FR/L/3).

Magistrates do not regard the victim as playing a principal role in the criminal proceedings. It

arises from the interviews that magistrates regard the victim as playing a part in the criminal proceedings,

but not a principal role (FR/L/2, FR/L/3, FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/S/2).

FR/L/2: "For magistrates the victim is part of the criminal proceedings. For example, sometimes, a case

is referred back just because they did not stand as civil party”.

FR/L/3: “Magistrates see the victim as playing an important role but not an indispensable one. They help

the justice system, but magistrates can go without a victim to prosecute and pass judgement. The victim

is not indispensable”.

FR/J/1: “The victim does not play a principal role. It is the Public Prosecutor who prosecutes when the

law is violated, even if the victim has withdrawn their complaint. The victim has an important role because

59

they constitute an element of the investigation; if at the trial one realizes that the victim is not reliable,

this is likely to have consequences on the criminal prosecution”.

FR/J/2: “The offence comprises a victim so they have an important role in the criminal proceedings.

Moreover, they have to vindicate their civil proceedings”.

FR/J/4: “The victim plays their part. It is necessary to distinguish between the part played and rights. The

judge has to maintain an equal balance between all the parties, one party cannot have a more important

role than the other. Then, the role of the victim can be important in the evidence, depending on the

proceedings or the case. In certain proceedings, the victim will have a central role, in others a lesser role

(for example, there may be victim who has not seen anything)”.

6.2. Views of victims

6.2.1. According to the victims interviewed, did the police assess the need to protect them against

secondary victimisation, in particular as concerns the risk of them being confronted with

offenders in an unprotected manner or the risk of interviewees having to testify within a

setting that is not sufficiently protective and sympathetic (Question V 6.1)?

Victims report a lack of inquiring by the police on their protection needs (FR/V/1, FR/V/2,

FR/V/7, FR/V/8, FR/V/9). Furthermore, according to victims, the police do not themselves

consider a possible need for protection, even when victims have made such a request

(FR/V/2, FR/V/8).

Certain victims report that there is action by the police to avoid secondary

victimisation, but this remains isolated and insufficient. For example, in one incident

when the gendarmes were called to the home of a victim for acts of violence, they remained

present until the victim and her children left the house so that they were not left alone with the

attacker (FR/V/1).

Within the framework of the investigation, the police may be attentive to the situation

of the victim. As such, police who considered holding a police meeting between the accused

and the victim decided not to proceed with this when the victim stressed that it was difficult for

her (FR/V/3).

6.2.2. Did the interviewed victims feel, at any time, exposed to a confrontation with the offender in

a situation that the interviewee experienced as intimidating or stressful (Question V 6.2)?

Certain victims report no contact or meetings with their attacker (FR/V/1, FR/V/3, FR/V/4,

FR/V/6, FR/V/7, FR/V/9, FR/V/11, FR/V/12). In particular, at the time of the police

investigation phase, the police are careful not to call in the attacker and the victim at the

same time, except when there is a police meeting between the accused and the victim

(FR/V/1).

Other victims mention a police meeting between the accused and the victim within the

framework of the police investigation; a moment which may have been painful for them

(FR/V/2, FR/V/8, for a victim who was reassured only by having a police presence during the

60

police meeting between the accused and the victim see FR/V/10). In addition, when the victim

has moved house since the events, travelling can take time and be costly (FR/V/8).

Certain victims report a confrontation with the attacker at the time of the trial. The victim

may have to wait with the accused in the same place while waiting for hearing (FR/V/1).

6.2.3. When the police took the statement of the interviewees, did the latter experience the setting

as safe and comfortable? How did the interviewees describe the situation (Question V 6.3)?

Victims say they were quite well received (FR/V/5). The victim was always questioned by

the same police officer at the time of procedure (FR/V/1, FR/V/2). One victim did not request

to be seen by a woman, because it did not bother her to be seen by a man (FR/V/1). One

victim reports that she was reassured by the police officer who took her statement (FR/V/9).

FR/V/9: "I was lucky to get a police woman to lodge a complaint. If I had had a man, he would

have maybe been defended."

For other victims, the experience was more difficult. The conditions for reception are

not satisfactory (FR/V/4); the victim was separated from the person who accompanied her

to lodge the complaint, and she felt a form of pressure to lodge a complaint (FR/V/6, FR/V/8).

There can be long wait to lodge a complaint, and at the end the police may prefer to log an

incident report (main courante) to a complaint; moreover, the wait for the victim to be seen

may happen in the same corridor as that where the accused is (FR/V/7). One of the victims

questioned reports that lodging the complaint was so difficult a stage that she does not

remember the conditions under which she was received (FR/V/3).

One of the victims of Spanish nationality who was affected by the terrorist act was well

received by the police, but the translation service was not available when she lodged her

complaint (FR/V/12).

6.2.4. When the interviewees were heard during court trial, did this happen in a setting that they

experienced as safe and comfortable? How did the interviewees describe the situation

(Question V 6.4)?

For the procedures in progress, certain victims could not answer this question since they are

waiting for the trial (FR/V5). The same applies to those victims who did not go to the trial (FR/V/6,

FR/V/9).

Certain victims have no complaints about the trial. However, one victim felt that the proceedings in

court had been too quick (FR/V/1).

Other victims say that the hearing with a judge is unsatisfactory (FR/V/4). In the investigation phase

(which can be long) one victim reports that the judges changed during the procedure, and the victim had

to repeat everything all over again (FR/V/8). At the time of the hearing, one victim was very disappointed

with the low level of attention paid to her by her lawyer (FR/V/7). Moreover, once the hearing finished

the victim's attacker tried to approach her to strike her; the victim's friends and family had to intervene

(FR/V/7).

61

6.2.5. Were the interviewees asked questions about their private or family life that they considered

inappropriate or unnecessary (Question V 6.5)?

Although victims report that the investigators were completely proper in their questioning

(FR/V/9), other victims say that the questions put by the investigators at the various stages of

the procedure could be inappropriate or could result from a poor interpretation of their

statements (FR/V/1, FR/V/2, FR/V/7).

6.2.6. To what extent did the interviewed victims agree to the following statements (Question

V 6.6)?

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

6.2.6.1 Overall, it was difficult to understand and follow the course of the proceedings.

5 (FR/V/4, FR/V/5, FR/V/6, FR/V/7, FR/V/8)

5 (FR/V/1, FR/V/3, FR/V/9,

FR/V/10, FR/V/12)

1 (FR/V/2)

1

(FR/V/11)

12

6.2.6.2 The police treated me in a respectful and sympathetic manner.

1 (FR/V/3)

5 (FR/V/1, FR/V/5, FR/V/8,

FR/V/10, FR/V/12)

3 (FR/V/6, FR/V/7, FR/V/9)

1 (FR/V/2)

2 (FR/V/4, FR/V/11)

12

6.2.6.3 During the court trial I was treated in a respectful and sympathetic manner.

5 (FR/V/1, FR/V/3, FR/V/4, FR/V/8,

FR/V/10)

3 (FR/V/7, and the victim

affected by the

terrorist act

FR/V/11 and

FR/V/12 during

the meeting with the judges)

4 (FR/V/2, FR/V/5, FR/V/6, FR/V/9)

12

6.2.6.4 If I look back at the proceedings, there were moments when I experienced the presence of the offender as intimidating.

3 (FR/V/1, FR/V/7, FR/V/8)

4 (FR/V/2, FR/V/4, FR/V/9,

FR/V/10)

3 (FR/V/3, FR/V/5, FR/V/6)

10

62

As a whole, it was difficult for the victim to understand and follow the course of the procedure.

The large majority of victims agree that the criminal proceedings leading to a ruling on the offences that

they suffered are difficult to follow and to understand. Thus, one victim reports that in spite of the

information given by legal professionals, the procedure could be difficult to follow and to understand

(FR/V/3).

The police treated the victim with respect.

Concerning the respect that the police show to the victim, the opinions of victims are divided. Some

report that they were treated respectfully. Conversely, others do not subscribe to this assertion; as such,

one victim says that the police were indifferent to her situation (FR/V/4); another victim stated that the

police woman who took her complaint was respectful, but that the other members of the police were

indifferent to her situation (FR/V/9). This difference in treatment depending on the police officer was also

underlined by a victim affected by the terrorist act (FR/V/11).

It should be noted that one victim says she did not expect any particular respect from the police, but that

the police fulfilled their role well and obtained satisfactory results (FR/V/10).

During the hearing, the victim was treated respectfully.

Certain victims cannot discuss this assertion because the procedure is ongoing, because their case did

not get as far as a hearing (case not prosecuted, alternative to prosecution) or because the victim did

not wish to be present at the hearing.

Those victims who faced the stage of the hearing or a meeting with the judges (FR/V/11 and FR/V/12)

report, in the main, that they were treated with respect.

It should be noted that one victim says she did not expect any particular respect from the magistrates,

but that they fulfil their role well (FR/V/10).

With hindsight, there were moments in the procedure where the victim found the presence of the

accused intimidating.

The large majority of victims report, with hindsight, that certain stages of the procedure were difficult and

intimidating because of the presence of the attacker.

In this respect, the words of one victim are telling: the victim was terrorised by the presence of the

perpetrator of the offence at the hearing because they had sat side-by-side. At the end of the hearing he

even tried to strike the victim and other people had to intervene (FR/V/7).

7. Protection against repeat victimization

7a) Cases not involving domestic violence

7.1. Views of practitioners

63

7.1.1. According to the practitioners interviewed, do the police on a regular basis assess whether

measures need to be adopted in order to protect the victim against repeat victimisation

(Question Pr 7.1)?

The law does not mention such an assessment or such protection measures against

repeat victimisation (FR/L/1). Frequently the police do not proceed with this (FR/S/1, FR/S/2,

FR/S/3, FR/S/4, FR/S/5).

However, the police may carry out an assessment of repeat victimisation because the

role of the police is to uphold law and order. Although such an assessment makes it

possible to avoid future problems with law and order (FR/L/3).

FR/L/3: “The police have to maintain law and order, to prevent any trouble. That's already one

reason which justifies the police having to intervene more quickly than in other cases”.

The police can only adopt emergency measures in order to avoid repeat victimisation. These

are ad-hoc measures and are limited in time: making sure that a victim of domestic violence

can be accommodated with friends or family, finding a hotel room for a victim (to this end the

police dispose of “hotel vouchers” (bons de nuitée)) (FR/P/1, FR/P/4, FR/L/1, FR/J/1, FR/J/6).

But the police have few resources to ensure such protection of the victim (FR/P/2). The

adoption of more restrictive measures or longer measures requires the intervention of the

courts (FR/P/3, FR/J/1, FR/J/4, FR/J/6).

Associations also worry about such situations and try to provide a solution, in particular by

trying to accommodate women victims of domestic violence (FR/L/1).

7.1.2. Apart from domestic violence, are there other areas of crime where the police routinely focus

on protecting the victim against repeat victimisation (Question Pr 7.2)?

Although the principal offences for which measures to avoid repeat victimisation are the

offences of domestic violence, other areas may use similar measures: family violence

(FR/J/6), school violence, for example (FR/P/3, FR/P/5, FR/L/1, FR/L/3, FR/J/2), violence at

work, or between neighbours. These are mainly 'neighbourhood' offences, meaning

between people who come into contact regularly (FR/J/3, FR/J/4, FR/S/3). The police may

also be vigilant of and avoid repeat victimisation for offences against minors (FR/S/2) or

vulnerable people (FR/J/6). In fact, these types of measures apply whenever there is a risk

of a repeat of the offence or of reprisals (FR/P/1, FR/P/2, FR/P/4). In effect, the police have

to uphold law and order, and this is breached whenever there is repeat victimisation; the police

must thus avoid repeat victimisation for all offences (FR/J/1).

7.2. Views of victims

7.2.1. When the interviewed victims first talked to the police, did the police assess whether they

were in need of protection against repeat victimisation or retaliation (Question V 7.1)?

Victims note an absence of assessment of the need for protection by the police (FR/V/1,

FR/V/2, FR/V/5, FR/V/10). As such, one victim reported that when she asked the gendarmes

64

to return to her home with her so that she can collect some personal possessions, they refused

(FR/V/1).

FR V 5: "I can't think of any measures, I do not know, if you think that each person who is a

victim of a robbery will have a protection measure, you'll need to employ 100,000 police

officers."

FR/V/10: "The police where I lived, they did things well, they issued a European arrest warrant,

but he was not arrested immediately. He was arrested 5-6 months later… As there was a

European warrant, I thought that he would be arrested today, tomorrow [this was not the case]

During all this time I was afraid… He entered and left France […] since he carried out this

attack, and what's more he had travelled […]. I did not understand why he was not arrested

immediately.".

Certain victims mention measures taken by the police in order to protect them. As such,

one victim says that the police ensured that the victim left the police station accompanied and

that a friend or member of family could come with her for certain visits (FR/V/3).

7.2.2. In cases where the police found that the interviewee was in need of protection measures,

which measures were adopted by the police? How did victims assess the effectiveness of

these measures (Question V 7.2)?

In the absence of an assessment by the police, no protection measure is adopted (FR/V/2,

FR/V/5, FR/V/10). Nevertheless, even without an assessment certain common sense

measures may be recommended by the police: making sure that the victim is accompanied

for certain visits (FR/V/3).

7b) Domestic violence

7.3. Views of practitioners

7.3.1. As concerns cases of domestic violence, what are the standard procedures followed by the

police in such cases in order to assess the need for immediate protection measures

(Question Pr 7.3)?

There does not exist a standard procedure for a police assessment of the need to adopt

a protection measure for the victim. Nothing is mentioned on this in the Code of Criminal

Procedure (FR/J/1, FR/J/5, FR/L/4). The investigator questions the victim to determine the

risk of a repeat of the offence (FR/P/2, FR/P/3, FR/P/4, FR/P/5, FR/L/2); what is important is

the questioning by the police, the psychological approach of the investigator, and their training

(FR/J/2). In this respect, it is necessary here to mention the existence of a pre-filled form

making it possible for the police to know if an emergency protection measure should be taken

or not (FR/L/3).

65

To respond to the question of there being a need for protection of the victim or not, the police

may orient the victim to social services, psychologists or victim support associations (FR/J/5,

FR/J/6, FR/S/1, FR/S/3, FR/S/4).

7.3.2. In cases of domestic violence, what are the standard procedures followed by the police

when there is a need for immediate protection measures (e.g. advising the victim to move to

a shelter, arresting or banishing the offender)? From the point of view of the practitioners

interviewed, how effectively are these protection measures implemented (Question Pr 7.4)?

The police provide an emergency and short term solution to the risk of repeat

victimisation within the framework of domestic offences (in particular in serious situations):

making sure that the victim can be accommodated by friends or family, reserving a night in a

hotel (using “hotel vouchers” or going to local council services), or calling in the violent partner

to make him understand the seriousness of his actions. Such measures do not have to be

confirmed by the courts (FR/P/1, FR/P/3, FR/P/4, FR/P/5, FR/L/2, FR/L/3, FR/J/1, FR/J/2,

FR/J/6, FR/S/1). It is not possible to speak of a 'standard procedure' (FR/P/2, FR/P/4,

FR/P/5, FR/L/2, FR/J/1, FR/S/2, FR/S/3).

However, despite the existing emergency solutions, the situation of the victim of domestic

violence remains particularly difficult.

FR/P/1: “Victims of violence by their partners, once they have left here, after they have lodged a complaint, they are troubled, because either they return home and it starts again, or it is them who has to leave. Victims are double-victims.”.

FR/P/3: “The police can implement protection procedures. There are night vouchers which

are provided to place the victim in a hotel. The police can also approach the town council. If

the measure is urgent, the police offer it. Thereafter, if the situation is serious, the Public

Prosecutor is alerted and can order that the attacker be distanced from the victim”.

FR/P/4: “The police may be concerned about knowing if the victim or the violent husband can

be accommodated elsewhere. The victim should not return to their home if the partner is there.

Unfortunately, staying at a hotel cannot last too long, it is temporary. These procedures for

leaving the home are difficult to implement; that can discourage victims. I know of a victim

who spent several days on the streets in the middle of winter with her little boy”.

FR/P/5: “For the implementation of measures, it is always possible to do more. It is true that

for the police what is most important is the investigation. But we do not let a victim go back

home to be with a violent husband; we call upon the social services then”.

FR/L/2: “What often happens, after having learned of the events, the police can ask the partner

to leave the house”.

FR/L/3: “If the police detect a risk, they can call in the violent husband or partner, and possibly

place them in police custody. But that may be looked on badly by victims who may fear an

aggravation of the situation. The police may also deal with the case quickly. A protection order

from the Judge for family affairs can also be used.".

The courts will intervene afterwards to take more restrictive or longer term measures. For

example, the Public Prosecutor may ask for the implementation of the 'woman in great danger'

66

measure allowing the victim to immediately contact the police by telephone in the event of a

threat (FR/P/3, FR/J/2, FR/J/6, FR/S/4), or the Public Prosecutor may be able to order

placement of the accused under legal control while waiting for the hearing (FR/J/1); the

investigating judge can order the accused not to approach the victim or to attend certain

places; a Judge for family affairs can issue a protection order (FR/J/6).

FR/J/2: “The emergency telephone has been an advance in recent years. […]. This measure

makes it possible for the victim to immediately contact the police if their attacker has suddenly

shown dangerous behaviour against them again. […] There is probably a lack of resources

in certain areas; the measure is taking some time to develop. Once it is well developed, we

could envisage lowering the threshold for danger in order to resort to this device”.

FR/J/6: “To avoid repeat victimisation, there are various measures: protection orders from the

Judge for family affairs, the emergency telephone”.

FR/J/1: “If the events are serious, the police contact the Public Prosecutor to know what follow

up action to take. It is the legal authority which has the most coercive means. The police

cannot do a lot without the prior consent of the legal authority”.

7.3.3. If the police learn of a case of domestic violence, do they routinely inform a victim support

service? If yes, would it be a generic or a specialist support service (Question Pr 7.5)?

In principle, the police communicate the contact details of a victim support association

to the victim. It is up to the victim to approach the victim support service. The police do

not contact the victim support service to ask them to contact the victim (FR/P/1, FR/P/3,

FR/P/4, FR/P/5, FR/J/1, FR/J/2, FR/J/3, FR/J/5, FR/J/6, FR/J/7, FR/S/1, FR/S/2, FR/S/3).

One difficulty consists in the fact that the victim may not read the information contained in the

complaint slip (récépissé de plainte) which was given to them, and in particular not see the

contact details of the victim support association; consequently the victim will not contact an

association (FR/J/3).

FR/J/3: “The police tell the victim that they can contact a victim support association at the end

of the interview, this is also written on the complaint slip. But, with all the emotion in particular,

the victim may not hear this information and not read the document given to them”.

Nevertheless, in practice certain investigators, when faced with particularly serious

situations or a particularly fragile victim, may take the initiative of contacting a general

victim support association to report this particular case to them and to ask them to contact

the victim (FR/P/2, FR/P/4, FR/L/2, FR/L/4, FR/J/2, FR/J/4, FR/J/5, FR/J/7, FR/S/3, FR/S/4).

The services of the Public Prosecutor can also proceed in this way (FR/J/1, FR/J/2, FR/J/6).

More particularly, those associations which propose accommodation for women victims of

violence may be contacted directly by the police or the Public Prosecutor in order to find a

solution for emergency accommodation (FR/J/4, FR/S/2).

FR/J/4: “Sometimes, there are links between police stations and victim support services.

Certain associations can offer accommodation solutions, in particular for women victims of

violence who have left the family home in an emergency. The police can contact these

67

associations to find accommodation for a victim, and possibly their children, who do not know

where to go”.

Of note here is an innovative experimental practice being implemented in the jurisdiction of

the Versailles Court (Tribunal de Grande Instance): through a permanent delegation from the

Public Prosecutor to the police with respect to the last subparagraph of Article 41 of the Code

of Criminal Procedure (recourse to a victim support association by the Public Prosecutor), it

is now provided for that in the event of complaint for a serious offence (a rape), the police

send an email to an email account which is consulted by three victim support associations in

the jurisdiction. These will therefore be able to contact the victim (FR/J/6).

7.3.4. In routine cases of domestic violence, are the protection measures adopted by the police

followed up by court orders? If yes, which courts adopt such orders and for which time

span? How do the interviewed practitioners assess the effectiveness of these orders

(Question Pr 7.6)?

Except in emergencies, the police do not prescribe measures. Consequently, no

validation of a measure by the courts is necessary (FR/P/1, FR/P/2, FR/P/3, FR/J/1,

FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/S/3, FR/S/4, FR/S/5). If more restrictive measures

are necessary, it is up to the courts to take them. The victim, when helped by their lawyer, can

take steps in this (FR/P/1, FR/P/3, FR/P/4, FR/L/2, FR/J/1, FR/J/2); for example, within the

framework of a legal control order decided on by the investigating judge, a partner facing

charges can be ordered to live away from the family home during the time taken for the

preparatory investigation (FR/L/2).

7.3.5. Did the interviewees agree to the following statements (Question Pr 7.7)?

7.3.4.1 More needs to be done to effectively protect victims of domestic violence against repeat victimisation.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 4 (FR/S/1, FR/S/3, FR/S/4, FR/S/5)

1 (FR/S/2)

5

P 2 (FR/P/4, FR/P/5)

2 (FR/P/1, FR/P/2)

1 (FR/P/3)

5

J

1 (FR/J/5)

6 (FR/J/1, FR/J/2, FR/J/3, FR/J/4,

7

68

FR/J/6, FR/J/7)

L 1

(FR/L/1)

3 (FR/L/2, FR/L/3, FR/L/4)

4

7.3.4.2. A number of good practices are already in place for victims of domestic violence.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 2 (FR/S/4, FR/S/5)

2 (FR/S/1, FR/S/3)

1 (FR/S/2)

5

P

4 (FR/P/2, FR/P/3, FR/P/4, FR/P/5)

1 (FR/P/1)

5

J

7 (FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/J/7)

7

L

3 (FR/L/2, FR/L/3, FR/L/4)

1 (FR/L/1)

4

7.3.4.3. More needs to be done to ensure that victims of domestic violence have access to specialist support services.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 3 (FR/S/1, FR/S/4, FR/S/5)

2 (FR/S/2, FR/S/3)

5

P 1

(FR/P/5)

2 (FR/P/2, FR/P/4)

2 (FR/P/1, FR/P/3)

5

J 2

(FR/J/2, FR/J/7)

4 (FR/J/1, FR/J/4, FR/J/5, FR/J/6)

1

(FR/J/3) 7

69

L 1

(FR/L/1)

2 (FR/L/2, FR/L/4)

1 (FR/L/3)

4

7.3.4.4. There are competing demands on resources for different groups of victims, and so sufficient resources are already dedicated to support victims of domestic violence.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S

3 (FR/S/2, FR/S/3, FR/S/5)

2 (FR/S/1, FR/S/4)

5

P

2

(FR/P/3, FR/P/4)

3 (FR/P/1, FR/P/2, FR/P/5)

5

J

2

(FR/J/4, FR/J/6)

1 (FR/J/7)

1 (FR/J/2)

3 (FR/J/1, FR/J/3, FR/J/5)

7

L

2

(FR/L/2, FR/L/3)

1 (FR/L/1)

1 (FR/L/4)

4

Please provide an analysis and your own interpretation of the results:

More should be done to protect victims of domestic violence against repeat

victimisation. All of the professionals questioned agree with this statement. In particular,

these victims should be better informed of their rights and of the steps to take, since a number

of victims of domestic violence do not lodge a complaint (FR/J/5). Nevertheless, certain

professionals question the means to implement measures to ensure protection of the victim

against secondary victimisation, such as the methods and cost (FR/P/5, FR/J/2).

FR/J/5: “To improve the situation of victims, and in particular on information, it is necessary

to proceed in a targeted manner. These victims of domestic violence have to be protected

as a priority. In particular it should be made easier to lodge a complaint and there should be

encouragement to do that. That applies to all offences committed in a closed circle”.

FR/P/5: “I agree that more protection should be granted against repeat victimisation of

victims of domestic violence. But the question of resources arises”.

FR/J/2: “More should be done. That is certain. But the problem remains the lack of resources.

Also, you cannot defend a victim against themselves; so a victim can come to lodge a

complaint but ask that the attacker is not prosecuted, other victims may think that they are at

least partly responsible for what happens to them. For certain victims, it should be explained

to them that it is not right if their husband hits them”.

70

There already exist good practices for victims of domestic violence. All of the

professionals questioned agree with this statement. Nevertheless, progress can still be

made (FR/J/2, FR/J/3, FR/L/1, FR/L/2).

FR/J/2: “Certainly, there are good practices for victims of domestic violence. I'm thinking of

the 'serious danger' measures which have been initiated and which are now extended to the

whole country. That 'limits the damage', but domestic violence still exists. What one could

hope for is to try to identify domestic violence earlier”.

FR/L/1: I do not agree, there is still work to do to have good practices for the support of victims

of domestic violence.

FR/L/2: “There are good things. But the system must be improved”.

More should be done to guarantee victims of domestic violence have access to a

specialised support service. The majority of the professionals questioned agree with

this statement. Although there are already good practices (FR/P/1), certain aspects could be

improved (FR/J/1, FR/J/4, FR/L/3). In particular, it is necessary to do more to handle

emergencies in order that the victim can access a support service which can take the first

urgent measures, particular to find accommodation (FR/J/4, FR/J/5).

FR/P/1: “Victims of domestic violence already have access to specialized services, it is not

useful to do more”.

FR/J/4: “There are a lot of specialized services. The difficulty it is often the urgency. There

should be more done for emergencies to be handled better. That is a question of public

funding”.

FR/L/3: “We already do quite a lot. If we can do more, that's very good. But I do not have the

feeling that we are deprived”.

There are competing demands on resources for different groups of victims, and so

sufficient resources are already dedicated to support victims of domestic violence. This

statement divides the opinions of professionals more. Although a minority think that there are

sufficient resources for victims of domestic violence, others, in particular associations, think

that the resources are inadequate (FR/S/5). Certain professionals highlight the specialization

of the association sector in the field of domestic violence, which induces particular

needs. These associations are interested in particular victims as they live with the perpetrator

of the violence. They need advice and specialised services (FR/L/1). More particularly, these

associations need to propose emergency solutions to the victim (FR/L/2, FR/L/3).

FR/L/1: "You need specific resources for domestic violence against women. These are

particular victims in that they live with the perpetrator of the violence. There are thus

particular needs”.

FR/L/2: “Certain associations would deserve more resources and the means to act quickly.

Because these associations are required to offer emergency solutions for victims, and

sometimes through a lack of resources they cannot”.

FR/L/3: “The support should be diversified. Associations for domestic violence have particular

needs. Depending on the harm suffered, there are specific needs. Therefore, a suitable

71

response is needed. One cannot make a system of uniform support for victims. Specialization

is needed”.

In general, it is necessary to underline the precarious nature of financing. This financing comes

from various sources (State, local authorities). However, the financing can sometimes be

reduced. It requires an annual commitment to the financing of associations to ensure they

have a certain stability (FR/J/5). It is also necessary to highlight geographical inequality in

connection with the resources available to victim support associations. Certain geographical

areas such as towns have resources, others such as rural areas have fewer resources

(FR/J/6).

FR/J/5: “The concern is in the precarious nature of the funding. This funding can quickly be

called into question. The funding is under the State, local authorities, and it can be called

into question. One would need permanent funding”.

FR/J/6: “I think that victim support associations are well equipped. One can always do better,

certainly. But it should be noted that there are regional differences. There are fewer places

where associations work in rural areas; there are fewer places, the associations offer less”.

7.4. Views of victims

7.4.1. How did the police learn about the interviewees’ situation: were they called to the

interviewees’ homes or did the interviewees call them or turn to a police station (Question

V 7.3)?

In certain cases, the victims report to the police themselves, by going to lodge a complaint

(FR/V/7, FR/V/9) or by telephone as soon as they are victims when the offence has just

happened (FR/V/1). In this latter case, one woman victim of domestic violence contacted the

gendarmerie as soon as the violent actions were committed by her husband (FR/V/1).

In other cases, someone else may inform the police. As such, the hospital where the victim

went with her injuries alerted the police (FR/V/4). Similarly, a witness to the offence may alert

the police (FR/V/6, FR/V/7).

7.4.2. When the police first learned about the interviewees’ situation, did they thoroughly assess

whether measures were needed to protect the victims against repeat victimisation or

retaliation (Question V 7.4)?

When the police were informed for the first time of the victim's situation, they did not proceed

with any assessment in connection with the need for protection measures to avoid repeat

victimisation (FR/V/1, FR/V/4, FR/V/7). The situation of one victim is telling: the police were

aware that the victim continued to live in the family home; when the victim asked to be

rehoused, the police replied that their mission was already accomplished, because the

perpetrator of the offences had been detained. As soon as the perpetrator of the offence was

released, he returned to the family home and threw the victim out with her daughter without

giving them their belongings (FR/V/6). Another contribution from a victim is instructive:

following her lodging a complaint, her husband threatened her; he was then placed in police

72

custody and was released after he had admitted the offences and said he regretted them. The

victim had to change the house locks and take other safety measures herself (FR/V/9).

7.4.3. When the police learned about the interviewees’ situation, what concrete measures did they

adopt in order to immediately protect victims against repeat victimisation? How did the

interviewees assess the effectiveness of the measures adopted by the police (Question

V 7.5)?

Certain victims report an absence of protection measures (FR/V/4, FR/V/7). As an

illustration, in the case of one victim a victim support association has made a request for a

police escort for the victim so that she can return to the family home and recover her

belongings - the victim is still waiting for the response from the police (FR/V/6). Another

illustration is that even though one victim called the police following blows received from her

husband, the police response was that they could not come out that she had to go to the police

station to lodge a complaint (FR/V/7).

Other victims mentioned protection measures adopted by the police. But these were

isolated and minimal. As such, in one case the gendarmes remained with the victim at her

home while she recovered some possessions and left with her children (FR/V/1).

7.4.4. When the police learned about the interviewees’ situation, did they inform the victims of

support services available to them or did the police contact a support service themselves

(Question V 7.6)?

Certain victims report that the police did not inform them of the existence of a victim

support service and that no member of the police contacted a victim support service

(FR/V/1, FR/V/4, FR/V/6, FR/V/7, FR/V/10).

7.4.5. In cases where victims were in contact with a support service, how did they assess the

services provided in terms of supporting them in coming to terms with their victimisation or in

finding a way out of a violent relationship (Question V 7.7)?

Certain victims did not receive the support of a victim support association (FR/V/1).

Some victims were helped and supported by associations thanks in particular to meetings

(FR/V/4), psychological help, and help with rehousing (FR/V/6).

It should be noted that certain victims have a negative assessment of the assistance provided

by associations (FR/V/7). One of these reports that she was only helped psychologically but

did not receive any concrete help (FR/V/9).

7.4.6. According to the interviewed victims, did a court issue at any time a protection order with a

view to protect the victim against repeat victimisation? If yes, which court, and how do

interviewees assess the effectiveness of these court orders (Question V 7.8)?

73

Certain victims report that no court ruled on possible protection measures to avoid repeat

victimisation (FR/V/1).

Other victims cannot comment because they only received a little information within the

framework of the procedure and on possible protection measures (FR/V/4).

Certain victims also say they were informed of the possibility of asking for a protection order

from the Court, but that due to a lack of a lawyer and help with this they did not take the steps

necessary (FR/V/6).

Certain victims say there were decisions made in connection with protection measures, but

that they were unsatisfactory. As such, although a protection measure was ordered by the

court, the attacker of one victim still went to the victim's home and when the victim called the

police, the police did not come (FR/V/7). Also, although an obligation to leave the family home

was ordered for one husband and implemented, it was necessary to wait for the delivery of

the divorce papers for the husband to actually leave the family home (FR/V/9).

74

7.4.7. To what extent did the interviewees agree to the following statements (Question V 7.9)?

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

7.4.7.1 Overall, the police made all possible efforts to protect me.

4 (FR/V/4, FR/V/6, FR/V/7, FR/V/9)

1 (FR/V/1)

5

7.4.7.2 I would have needed more support in changing my situation with a view to overcoming the threat of violence.

1 (FR/V/1)

4 (FR/V/4, FR/V/6, FR/V/7, FR/V/9)

5

Overall, the police make every possible effort to protect the victim.

The victims of domestic violence respond to this statement negatively. Victims did not feel protected by

the police, who did not take measures to this end.

The victim would need more support to change their situation in order to overcome the threat of

violence.

The victims of domestic violence respond to this statement positively. The proximity of the attacker and

the victim in this type of conflict induces in the victim strong feelings of a fear of possible reprisals.

8. Civil law claims: compensation and restitution

8.1. Views of practitioners

8.1.1. According to the practitioners interviewed, do the police routinely inform victims about their

entitlement to state compensation (Question Pr 8.1)?

Informing the victim on their right to compensation is automatically carried out by the

investigator (FR/L/2, FR/J/1, FR/J/5, FR/S/3). However, certain professionals (a very small

minority) reported an absence of information in this respect (see FR/S/4). This information

is provided at the time of lodging a complaint (FR/L/3, FR/L/4, FR/J/2, FR/J/6, FR/J/7).

This is a legal obligation (FR/P/2, FR/P/3, FR/P/4, FR/J/2). The victim support association can

also provide this information (FR/S/1).

8.1.2. Do the police routinely inform victims about the possibilities to obtain restitution within the

framework of criminal proceedings (Question Pr 8.2)?

75

Information on the right to restitution does not form part of the legal obligations. It is

therefore not provided automatically. The police inform the victim of their right to restitution, if

the case which the police are investigating justifies any restitution and therefore information

for the victim on this right (FR/P/1, FR/P/2, FR/P/3, FR/P/4, FR/P/5, FR/L/1, FR/L/2, FR/L/3,

FR/L/4, FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/7, FR/S/3, FR/S/4). The victim support

association may provide information on the right to restitution (FR/S/1).

8.1.3. As concerns proceedings in cases of violent crimes and judging by your practical

experiences, how often does the criminal court adjudicate on the victim’s civil law claims

(Question Pr 8.3)? According to the interviewees, does this happen

S P J L

Often or very often

3 (FR/S/1, FR/S/3, FR/S/5)

7 (FR/J/1, FR/J/2, FR/J/3, FR/J/4, FR/J/5, FR/J/6, FR/J/7)

4 (FR/L/1, FR/L/2, FR/L/3, FR/L/4)

Occasionally

Only in exceptional cases or not at all 1 (FR/S/2)

Don’t know 1 (FR/S/4)

TOTAL

5

The police are not

concerned by this

question

7 4

Please provide an analysis and your own interpretation of the results:

The professionals questioned agree that generally it is the criminal court judge who makes a

decision on damages. Either the judge rules on civil proceedings immediately after having taken a

decision on the public action, or the judge rules on the civil proceedings at a later hearing (FR/L/1, FR/L/2,

FR/J/5); in effect, particularly if the victim does not present the supporting documents for their damages,

or if their damages are continuing to accrue (for example the victim is still in hospital at the time of the

ruling and the exact seriousness of the injuries is not yet known), the criminal court judge may prefer to

defer the hearing on damages (FR/J/1, FR/J/2, FR/J/3, FR/J/5).

8.2. Views of victims

76

8.2.1. Did the interviewees apply for state compensation? If yes, what was the result (Question

V 8.1)?

Some of the victims requested compensation (FR/V/3, FR/V/4). For the cases in progress,

they are awaiting the court decision (FR/V/3).

Certain victims, in particular those not assisted by a lawyer, did not proceed with a request

for compensation (FR/V/1, FR/V/2, FR/V/5, FR/V/6, FR/V/8, FR/V/9).

Certain victims are dissatisfied with the compensation received (FR/V/4).

The Guarantee funds for victims of acts of terrorism and other offences (Fonds de Garantie

des Victimes des actes de Terrorisme et d’autres Infractions) compensates victims for terrorist

attacks (FR/V/11, FR/V/12).

8.2.2. Did the interviewees raise civil law claims within the framework of criminal proceedings? If

yes, what was the result (Question V 8.2)?

Certain victims made a request for damages (FR/V/3, FR/V/4). For the cases in progress, they are

awaiting the court decision (FR/V/3, FR/V/4).

Other victims, in particular those not assisted by a lawyer, did not proceed with a request for

compensation (FR/V/1, FR/V/2, FR/V/5, FR/V/6, FR/V/8), in particular because they did not reveive

information in this respect (FR/V/9, FR/V/10).

8.2.3. To what extent did the interviewees agree to the following statement (Question V 8.3)?

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

Criminal courts should ensure that victims receive compensation from the offender.

2 (FR/V/1, FR/V/7)

6 (FR/V/4, FR/V/6, FR/V/8, FR/V/9, FR/V/11, FR/V/12)

4 (FR/V/2, FR/V/3, FR/V/5, FR/V/10)

12

Criminal courts should ensure that victims receive compensation from the offender.

This statement receives a large majority of positive responses from victims. Indeed, it arises from the

interviews carried out that victims are dissatisfied with the compensation that the criminal courts order

the offender to pay. On the one hand, sometimes this compensation is non-existent: the case in not

prosecuted (classé sans suite), or was the subject of an alternative to prosecution. On the other hand,

this compensation may be considered a small amount by a victim who does not think that it corresponds

to the seriousness of the harm suffered. Lastly, it is important to note that certain victims do not ask for

77

compensation because they do not know that they can do so (particularly when they are not assisted by

a lawyer), as this information was not communicated to them.

78

9. General assessment of victims’ situation in accessing justice

9.1. Views of practitioners

9.1.1. To what extent did the interviewed practitioners, divided by professional groups, agree to the

following statements (Question Pr 9.1)?

9.1.1.1 Criminal justice is mainly a matter between the public and offenders; hence victims’ role in criminal proceedings is necessarily peripheral.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 1 (FR/S/1)

2 (FR/S/3, FR/S/5)

1 (FR/S/2)

1 (FR/S/4)

5

P

2 (FR/P/2, FR/P/4)

2 (FR/P/3, FR/P/5)

1 (FR/P/1)

5

J

4 (FR/J/2, FR/J/3, FR/J/5, FR/J/7)

3 (FR/J/1, FR/J/4, FR/J/6)

7

L

2 (FR/L/3, FR/L/4)

2 (FR/L/1, FR/L/2)

4

9.1.1.2 If victims became influential in criminal proceedings, this would come with a risk of unsettling the fragile balance between public prosecution and the rights of defendants.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 1 (FR/S/1)

1 (FR/S/3)

2 (FR/S/2, FR/S/5)

1 (FR/S/4)

5

P

3 (FR/P/1, FR/P/2, FR/P/4)

2 (FR/P/3, FR/P/5)

5

J

1 (FR/J/5)

4 (FR/J/1, FR/J/2, FR/J/3, FR/J/4)

2 (FR/J/6, FR/J/7)

7

L

2 (FR/L/3, FR/L/4)

2 (FR/L/1, FR/L/2)

4

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9.1.1.3 Generally speaking, practitioners working in the criminal justice system take the rights and concerns of victims very seriously.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 3 (FR/S/1, FR/S/2, FR/S/4)

2 (FR/S/3, FR/S/5)

5

P

4 (FR/P/1, FR/P/2, FR/P/3, FR/P/4)

1 (FR/P/5)

5

J

1 (FR/J/4)

6 (FR/J/1, FR/J/2, FR/J/3, FR/J/5, FR/J/6, FR/J/7)

7

L

3 (FR/L/2, FR/L/3, FR/L/4)

1 (FR/L/1)

4

9.1.1.4 In the past, the criminal justice system has not paid due attention to the concerns and rights of victims. It is about time that victims’ concerns are taken more seriously.

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

S 2 (FR/S/4, FR/S/5)

1 (FR/S/1)

2 (FR/S/2, FR/S/3)

5

P

4 (FR/P/1, FR/P/2, FR/P/4, FR/P/5)

1 (FR/P/3)

5

J

3 (FR/J/4, FR/J/6, FR/J/7)

4 (FR/J/1, FR/J/2, FR/J/3, FR/J/5)

7

L

1

(FR/L/1)

3 (FR/L/2, FR/L/3, FR/L/4)

4

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Criminal justice is principally a legal case between the public ministry and the perpetrator of the

offence; the role of the victim in criminal proceedings is thus necessarily limited. On this subject,

the opinions of all the legal professionals questioned are divided.

For some, the role of the victim in the criminal proceedings is secondary, whereas for others the

role of the victim is as important as that of the other parties. However, the opinions are not as

divided as they may appear to be. Indeed, there is a form of consensus in saying that the victim

is not excluded from criminal proceedings, but each party in criminal proceedings has their role

and their place: the Public Prosecutor brings the charge, the private parties (defence and victim)

make their arguments (FR/P/1, FR/J/1).

FR/P/1: “Everyone has their role in criminal proceedings: prosecutor, investigator, judge, victim… The

victim has their role of victim”.

FR/J/1: “The victim does not have the same role as the public ministry and the defendant or the accused.

But they are not completely excluded from the proceedings. And they have an increasingly important

role through legislative reforms”.

At the criminal level, so in connection with the public action which sets the Public Prosecutor against the

defence, the victim has a limited role. However, in criminal proceedings as a whole, the victim must be

treated as equally as the defence (FR/J/2).

FR/J/2: “On the criminal law level, justice is the legal case between the Prosecutor and the defence. The

criminal sanction aspect is not something for the victim. The interests of society are defended by the

Public Prosecutor. The victim defends their own interests. These are two different things. That does not

mean that the victim has a lesser role, but their role is shifted to the area of reparation”.

The victim must take part in the work of uncovering truth; particularly because this gives direction to the

hearing (FR/L/2). In the current state of the law, one can no longer describe criminal proceedings as an

opposition between the charge and the defence, it is necessary to include the victim (FR/L/1).

FR-L-1: "One could imagine a tripartite trial with society, the victim and the perpetrator. Today, the legal

proceedings are an opposition between the charges and the defence, but we are moving towards more

place for the victim. Gradually we are moving towards tripartite proceedings, which I would be favourable

to”.

FR-L-1: “The role of the victim should be more important. The victim is also present so the hearing has

a direction, so that the attacker understands that they have done wrong”.

Although victims are gaining in influence in criminal proceedings, this could risk destabilising

the fragile balance between the prosecuting authority and the rights of the defence. On this point

also, the opinions of all the legal professionals questioned are divided.

For some, the victim must remain in their role to protect the balance between the charges and

the defence. In the law, taking into account the rights of the parties in criminal proceedings ensures a

balance between the parties in the case (FR/J/1, FR/J/2). The victim should not intervene within the

framework of the public action, which remains an opposition of charge/defence (FR/P/1). It is necessary

to take care to maintain a certain balance within the criminal proceedings (FR/J/4). Nevertheless, there

should be better information provided for the victim (FR/J/2).

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For others, granting a more influential place to the victim would not affect the balance of

charge/defence. To this end, professionals note that the victim has an influence even from their

presence at the time of the procedure; however, this influence does not prevent the proper functioning

of the criminal proceedings (FR/L/2). Victims have a necessary and positive influence during criminal

proceedings (FR/P/3).

In general, professionals in the criminal justice system take the rights and concerns of victims

seriously. The majority of the legal professionals met agree with this statement, except for

associations who are more divided. This consideration of the victim is all the more true for intra-family

violence, which is a government priority (FR/P/1). However, the attitude of legal professionals towards

the victim can sometimes seem indifferent or distanced: this is explained by the fact that it is necessary

to know how to maintain a distance from the victim to preserve objectivity and to be able to judge in all

impartiality (FR/L/2). Moreover, certain professionals are more sensitive than others to the situation of

the victim (FR/J/7).

In the past, the criminal justice system did not pay sufficient attention to the concerns and the

rights of victims. It is time that the concerns of victims were taken more seriously. Whereas the

opinions of the all the professionals are divided on this statement, it is possible to highlight unity among

members of the police. The members of police agree with this statement; according to them it is

necessary to better take into account the concerns of victims. But certain professionals have a more

moderated position. In recent years, there have been important changes in favour of victims (FR/J/1),

but there remains room for improvement (FR/J/2, FR/L/2, FR/L/3, FR/J/5, FR/J/6). More particularly, for

domestic violence, twenty years ago the victim was taken into account only a little: it was more difficult

for the victim of domestic violence to lodge a complaint, as it was considered that this concerned the

privacy of families (FR/J/4). Nevertheless, the current treatment of the victim is still not perfect. In general,

the lack of resources available to the judicial institutions is a barrier to taking victims into consideration

(FR/J/2). Moreover, information for the victim on their rights and their role can still be regarded as

insufficient (FR/J/5). More specifically, a recurrent difficulty should be underlined: that of the victim

recovering the damages the convicted person has been ordered to pay by the courts; since if the offender

is insolvent or has few resources, the victim remains deprived of this (FR/J/3, FR/J/5).

9.2. Views of victims

9.2.1. Did the experience of the interviewed victims in the course of the investigation and the

ensuing proceedings rather add to the harm done by the offender(s) or support them in

coming to terms with the experience of victimisation (Question V 9.1)?

Overall, what I experienced during the investigation and the court proceedings

rather added to the harm done by the offender;

7 (FR/V/2, FR/V/4, FR/V/6, FR/V/7, FR/V/8, FR/V/10, FR/V/11)

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mitigated the harm done by the offender;

2 (FR/V/3, FR/V/9)

I couldn’t tell/don’t know. 3 (FR/V/1, FR/V/5, FR/V/12)

Please provide an analysis and your own interpretation of the results:

What feelings did the victim experience during the investigation and the court proceedings?

The majority of victims feel that the legal process added to their suffering and damage rather than helped

them.

It arises from the interviews carried out with victims that the procedure is long, one therefore needs a

certain amount courage to commit to lodging a complaint.

It also arises that the outcome of the procedure is often disappointing due to ineffective investigations,

an absence of a rulings, insufficient sentences, and insufficient compensation. Consequently, the victim

may feel that their damage and their suffering were not truly taken into account by the justice system,

and even beforehand, that the words of the victim were not listended to.

Lastly, the legal process in itself can be difficult, mainly for two reasons. On the one hand, it can lead to

the victim and their attacker meeting, this always poses a challenge for the victim. In addition, certain

professionals may not show themselves to be sufficiently attentive to the situation of the victim.

9.2.2. To what extent did the interviewees agree to the following statements (Question V 9.2)?

Strongly agree Agree Disagree

Strongly disagree

Don’t know TOTAL

1. During the investigation, I had the impression that my concerns and rights were taken seriously by the police and were given due attention.

1 (FR/V/3)

3 (FR/V/5, FR/V/10, FR/V/12)

5 (FR/V/1, FR/V/2, FR/V/7, FR/V/9, FR/V/11)

3 (FR/V/4, FR/V/6, FR/V/8)

12

2. At the court trial, I had the impression that my concerns and rights were taken seriously and were given due attention by the court.

2 (FR/V/3, FR/V/10)

2 (FR/V/1, FR/V/4)

2 (FR/V/7, FR/V/8)

6 (FR/V/2, FR/V/5, FR/V/6, FR/V/9, FR/V/11, FR/V/12)

12

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3. Overall, the investigation and the following proceedings conveyed a strong message that justice is done.

1 (FR/V/3)

3 (FR/V/4, FR/V/7, FR/V/9)

4 (FR/V/1, FR/V/2, FR/V/6, FR/V/8)

4 (FR/V/5, FR/V/10, FR/V/11, FR/V/12)

12

Please provide an analysis and your own interpretation of the results:

During the investigation, the victim had the impression that their concerns and rights were taken

seriously by the police and were given due attention.

The majority of victims feel that during the investigation their concerns and rights were not sufficiently

taken into account by the police. Therefore certain victims reported a disappointing reception from the

police, in particular a long wait to lodge a complaint, a rapid investigation carried out without conviction,

doubts about the victim's claims, encouraging the victim not to lodge a complaint or to withdraw their

complaint, or a lack of information on the rights which the victim has.

At the court trial, the victim had the impression that their concerns and their rights were taken

seriously and were given due attention by the court.

On the attention paid by the judge to the victim and their rights at the time of the trial, the opinions of

victims are divided. First of all, certain victims could not answer this question because they did not get

to the stage of the hearing, either because their case is ongoing, because the Public Prosecutor decided

not to prosecute, or because the police investigation did not provide sufficient evidence to prosecute the

victim's attacker.

For those victims who experienced the stage of the hearing before the court, opinions are divided as to

consideration of their concerns and their rights.

It arises from the interviews carried out that certain magistrates may be attentive to the fate of the victim,

their situation and their rights. The rights of victims are generally better protected when the victim is

accompanied by a lawyer and/or is advised by a victim support association.

Conversely, certain interviews highlight unsatisfactory court decisions with respect to the sentence or

compensation granted to the victim. Consequently, the victim may feel that they were not listened to, and

that their situation was not taken into account.

Overall, the investigation and the following proceedings conveyed a strong message that justice

is done.

The majority of victims feel that the court ruling on their case did not send a strong message according

to which justice had been done. Victims underlined a lack of prosecutions by the Public Prosecutor, or

the use of a simple alternative to the prosecution (which was highly insufficient, according to the victim,

when taking into consideration the suffering). Others report insufficient sentencing and/or insufficient

compensation. This can lead to people thinking that the justice system did not respond to the offences

to which a person was victim, and that the victim was not taken into account. In this respect, the remarks

made by one victim are telling; she feels she was forgotten by the justice system. This victim feels she

lost everything: she almost found herself in the street, and she was financially ruined by the costs of the

proceedings (lawyer, experts). Yet this happened while the perpetrator of the offences received legal

84

aid, he was listened to better, he spent only six months in prison and he is already free and has begun

a new life. This victim is exhausted by a procedure which lasted seven years (FR/V/4).

85

Conclusions

This Section draws from the last sections of the interview templates (“Observations and a general assessment of the interview”). In particular, recurring themes and overarching observations and assessments are to be included here.

Although certain professionals feel, with some reservations, that the law for victims is satisfactory since in recent years progress has been made (FR/P/3, FR/J/1, FR/J/4), others underline the limited role of the victim and the inadequacy of their rights (FR/L/1, FR/L/3). In the same way, victims may have some criticism towards the current state of the law. Indeed, progress can be made to improve the situation of the victim at the time of criminal proceedings.

First of all, the reception of victims within police stations could be improved (FR/L1, FR/L/2). Initially, there may, in certain police stations, be quite a long wait to lodge a complaint (FR/J/3, FR/V/7), the victim may be asked to go back on several occasions to lodge a complaint (FR/V/1), it may be necessary to insist that a member of the police agrees to take a complaint (FR/S/2, FR/V/1), the police may prefer rather to orient the victim to an incident report (main courante) than to a complaint (FR/V/7), it may be necessary to insist that the police come out to intervene (FR/S/2), the victim may also criticise the police for distorting their remarks (FR/V/2), or even take sides in favour of the attacker (FR/V/2, FR/V/4). Moreover, better reception could be facilitated if the association sector intervened regularly and directly within police stations and gendarmerie brigades; this would facilitate making contact with victims (FR/J/2, FR/S/3). In addition, audio and/or video recordings of the victim's statement could be carried out to avoid secondary victimisation (FR/P/2).

Subsequently, victims could be better informed of their rights and of their role in criminal proceedings (FR/L/1, FR/S/1, FR/S/5, FR/S/4, FR/V/1, FR/V/6, FR/V/7, FR/V/8) as well as of the existence of associations to help victims (FR/S/3, FR/V/6). This information should be provided in clearer and simpler terms (FR/S/3, FR/V/10).

“At the level of the police there is systematic information because the contact details of a victim

support association have to appear on the complaint slip (récépissé du dépôt de plainte) but it is

buried in the middle of lots of information and the victim does not understand the importance of this

information; the officer should accompany this with verbal explanations (nature of the assistance) -

that is not done systematically, but associations are working to improve this. Reiterating the

information is also very important” (FR/S/3).

In particularly, there should be better information on the actual implementation of their rights, as information on their rights can sometimes remain very theoretical for the victim (FR/J/1, FR/J/2, FR/L/2, FR/L/3, FR/J/3, FR/J/5). In this respect, local initiatives should be increased where the Public Prosecutor, or even the police, can contact a victim support association for it to make contact with the victim, without waiting for the victim to contact the association (FR/J/1, FR/J/2, FR/J/6). National criminal procedure could also include occasions for informing victims so that they are better informed of their rights and their role (FR/L/2, FR/J2). Moreover, the victim should be granted better access to the casefile through a legal professional (FR/P/2, FR/L/3). It should be noted that victims may prefer not to be informed of the procedure because it can be very difficult, particularly psychologically so (FR/V/3); in this respect, it would be necessary to be attentive to the possible wishes of the victim to be kept at a distance from the procedure.

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Criminal proceedings must also be improved, in particular in that they must protect the interests of victims. As such, certain victims may be disturbed by certain aspects of the procedure. For example, one victim explains that she was surprised that following her phone call to report violence, the police arrived at her home and asked the woman victim to leave the house with her children, and not the violent husband; the victim then questioned the weight and the value of her words (FR/V/1). Victims may feel that they are not listened to at the various stages of the procedure (FR/V/4). Certain victims also criticise an absence of protection measures taken for them (FR/V/9). For example, although aware of the situation, the police refused to go out to a victim who had telephoned the police during a violent incident (FR/V/7). Another illustration is that of gendarmes who refused to accompany a victim to her home so that she could recover personal effects, leaving her alone to face the risk of meeting her violent husband. It would be useful to set up standard protection procedures for victims (FR/V/1, FR/V/6, FR/S/3). Certain victims criticise an absence of protection measures against the risk of secondary victimisation; thus, the victim may have to wait in the same place as their attacker while waiting for a court hearing (FR/V/1). Victims report unsatisfactory court decisions. Firstly, victims may report long procedures, which are psychologically difficult and which have a financial cost (FR/V/8).

“It is suicide to lodge a complaint. You die, you leave your health behind during the procedure which is very long.” (FR/V/8).

The sentence handed down to the perpetrator of the offences is insufficient in comparison with the seriousness of the offence (FR/V/1, FR/V/4, FR/V/7, FR/V/9). The compensation for the victim is also insufficient (FR/V/1); moreover taking into consideration the low, or even a lack of, income of the attacker, sometimes the victim does not even consider it useful to request compensation (FR/V/5). Victims also bemoan the slowness of the procedure, which sometimes leads to low sentences and/or low compensation (FR/V/4).

Lastly, certain victims highlighted the value and the contribution of associations within the framework of the procedure, both in providing legal support and psychological support (FR/V/3, FR/V/4, FR/V/5, FR/V/10). Consequently, it is necessary to reinforce the role of associations which support victims within the framework of criminal proceedings by granting them more resources (FR/P/5, FR/S/2, FR/S/4) or by the development of specialised support services, particularly for sexual violence and/or domestic violence (FR/L/1, FR/J/5). Moreover, certain victims report a difficulty in contacting a victim support service. Such that, on occasions, the victim gives up their attempts to meet a victim support association (FR/V/1). Yet the support of the associations is important for the victim. However, certain victims say they were dissatisfied by action taken by the association both from a legal point of view and from a psychological support point of view (FR/V/8).

More specifically, for domestic violence the present study shows a failing in the implementation of the rights available to victims, in particular for victims of offences other than domestic offences. Admittedly, the study in itself does not make it possible to draw general conclusions (it would be necessary to interview more victims), but this study seems to show that there is imbalanced implementation of the rights which victims have, depending on whether it is a domestic offence or not.

Therefore, more victims of domestic violence report that they are taken into consideration less by the police and legal institutions: the police are more reluctant to attend when the victim contacts them to report violence, and what the victim of domestic violence says is questioned more. For example, one victim of domestic violence had to go on several occasions to lodge a complaint (FR/V/1, FR/V/4): with the police refusing the complaint or preferring to log an incident report (main courante). This situation is difficult for the victim who needs courage to lodge a complaint, in particular they may fear reprisals from a violent husband (FR/V/7). In effect, a victim of domestic violence is often more hesitant in lodging a complaint; as such, she may opt for an incident report, or lodge a complaint then withdraw it. (FR/V/9).

87

In the same sense, victims of domestic violence stated that they felt absent from criminal proceedings (FR/V/6, FR/V/7), and that the police and justice system did not involve them sufficiently. Compared to victims of offences other than domestic offences, the victims of domestic violence expect more support, more attentive listening, that the legal institution involve them more in the decision-making process, and more legal advice and information on the progress of the case and their role (FR/V/1, FR/V/4, FR/V/6, FR/V/9, see point 3.6.1).

“You are not listened to at all...there was a moment when I regretted it, but I was already in the middle of the procedure, I regretted it, I said “but why did I lodge a complaint?” I shouldn't have”. (FR/V/4).

Equally, and although the figures are not easily comparable, it arises from the report that there is less severity from the justice system towards the perpetrators of domestic violence compared to the perpetrators of other offences (see point 4.2.1). Thus, there may have been a warning (form of admonition) and a ban on approaching the victim for a violent husband (FR/V/9). Similarly, a violent husband may be sentenced to community work (FR/V/1) or a fine (FR/V/7). Conversely, perpetrators of violence leading to a total incapacity to work have been sentenced to prison terms (FR/V/4, FR/V/6). The idea here is not to give a comparison, the data is insufficient in this respect; nevertheless this illustration of less severity shown by the panel of people questioned must be underlined.

It therefore arises from the declarations of the victims questioned that throughout the criminal proceedings, domestic victims of violence are less well treated by the police and legal institutions than victims of offences other than domestic offences. One explanation for this is perhaps found in the fact that domestic violence occurs in private, it is thus more difficult to have witnesses. The police may accord more credit to the statements of a victim of non-domestic offence who is attacked in a public place in front of witnesses (who may have alerted the police (FR/V/10)) than to the claims of a victim of a domestic offence attacked in private. In the same way, the judge may be more inclined to convict the perpetrator of violence if there are witnesses than the perpetrator of domestic violence without witnesses, since in this latter case, the judge is faced with one person's word against another person's word: those of the victim and those of the attacker; this simple opposition may be insufficient for the judge to decide to move towards a conviction.

Although the victim should benefit from more guarantees within the framework of criminal proceedings and they should be better supported, the victim must, nevertheless, remain in the place they have within the framework of criminal proceedings. Their role should not merge with that of the Public Prosecutor which brings the charges (FR/J/1, FR/J/2, FR/J/5, FR/L/1, FR/L/3).

Moreover, there also exist delicate difficulties to resolve and which constitute an obstacle to the better taking into account of victims.

As such, the question of the victim feeling guilty arises on several occasions (FR/P/2, FR/L/3, FR/S/4, FR/V/6). On the one hand, there is a particular difficulty in lodging a complaint for certain offences, in particular those committed within the couple or the family sphere (FR/P/3, FR/P/4), on the other hand, the victim may at least partly feel they are responsible for the situation in which they find themselves. Consequently, they may refuse to alert the police or to withdraw a complaint which was initially lodged, or to minimize the responsibility of the attacker (FR/S/4).

“What prevents victims from coming to see the police is that, obviously they do not like what they are living, but they feel partly responsible for the situation. So victims do not want to acknowledge to the police that they are partly responsible for what they are living. These victims may feel that they deserve what is happening to them.” (FR/P/2).

88

Necessarily, in such a case the intervention of the police and legal institutions is much more difficult. Thus, “the police and legal institutions cannot defend a victim against herself” (FR/J/2). In the same train of thought, certain victims are in a state of dependence on their attacker; thus a woman may go to the police to lodge a complaint without wanting her husband to be convicted because he could be imprisoned; however, it happens that only he is working, that he is the only source of income for the household; the woman victim thus needs this money to live (FR/J/3)

In addition, there may exist a difficult relationship between the police and magistrates and the victims. Indeed, the police and justice system must maintain a certain distance from the victim in order to carry out an investigation, and to decide or judge with all necessary objectivity; this attitude can be poorly interpreted by victims (FR/P/5, FR/J/1, FR/L/3). In effect, the victim may be surprised by the distancing which the police and magistrates may adopt, because they know they are a victim. However, the investigators and the judges have the role of showing this. Of course, they will take into account the victim and their rights, but they cannot ignore the accused who benefits from the presumption of innocence until a court convicts them.